Law:

Section:

Qanun-e-Shahadat (10 of 1984)--Art. 33---Constitution of Pakistan (1973), Art. 185(3)---Appointment of referee by the parties themselves for resolving dispute between them--­Appellate Court resolving controversy between the parties on the basis of referee's report---Referee had taken evidence for settling dispute between parties which was necessary in resolving the dispute in question---Concurrent findings of all the Courts below were on merit---No misreading of evidence was pointed out---No point of law of public importance required determination by the Supreme Court---Leave to appeal was refused in circumstances. JUDGMENT ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the High Court dated 27-6-1993. 2. The facts in brief are that Respondents Nos. 1 to 4 brought a suit for permanent injunction with a prayer that the petitioner was causing hindrance to the right of passage, which they were using for the last over 50 years. It was also prayed that the petitioner may be directed to remove the wall constructed by her. The suit was decreed by the learned Civil Judge. The petitioner being aggrieved filed an appeal against the judgment of the learned trial Court. During the pendency of the appeal the parties agreed to the appointment of Ch. Muhammad Akram, Advocate, Chakwal, as a referee in the matter, for deciding the question as to whether the passage in dispute remained under constant use of the respondents for long and there is no alternative passage for them. Ch: Muhammad Akram submitted his report before the learned lower Appellate Court on 7-5-1987. The learned Additional District Judge dismissed the appeal on the basis of the report. The petitioner challenged these orders in Civil Revision before the High Court, which was dismissed by the impugned judgment. 3. Learned Counsel for the petitioner submitted that as the evidence had been recorded by Ch. Muhammad Akram, Advocate, as such he was an Arbitrator, therefore,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492