Law:

Section:

Canal and Drainage Act (VIII of 1873)--- ----S. 68---Civil Procedure Code (V of 1908), S.115---Qanun-e-Shahadat (10 of 1984), Art.33---Appointment of referee for decision of suit between parties in ex parte proceedings---Decree in suit beyond the prayer in relief--­Validity---Suit was for setting aside Warabandi in question while decree for fresh Warabandi was granted by Trial Court thus, travelling beyond the scope of plaint and over-stepping its jurisdiction---Referee's appointment at the instance of plaintiff while defendants were not represented was not warranted---Order of Court for fresh Warabandi was void and without jurisdiction---High Court was fully competent under 5.115, C.P.C. to suo motu revise such void, without jurisdiction and perverse orders of Courts below---Case was remanded to Trial Court for decision afresh in circumstances. Muhammad Hanif Khan and another v. Ghulam Farid Khan and others PLD 1988 Lah. 250; Muhammad Uiaar v. Muhammad Yousaf PLD 1977 Lah. 676; Badar Din v. Bahadur Ali anti others PLD 1968 Lah. 573; Barkat Ali etc. v. Muhammad Yaqoob 1981 C L C 1197; Syed Nazir Hassain v. Settlement Commissioner, Lyallpur and another PLD 1974 Lah. 434; Jamal Bhai and 2 others v. Admiinstrator, Evacuee Trust Property and 6 others 1985 CLC 1411; Nawab Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 and Karim Bux and 4 others v. Riaz Hussain and another 1993 SCMR 1667 ref. JUDGMENT The facts relevant for the decision of this revision petition are that Ghulam Nabi filed a suit for declaration and permanent injunction. The suit was initially contested by the petitioner and respondent No.3 but at the subsequent stage the petitioner did not appear, therefore, he was proceeded ex parte. Thereafter, the trial Court appointed Qari'Muhammad Rafique, Advocate as Referee for the decision of the suit between the parties. The said Referee submitted his report whereby he proposed a fresh Warabandi between the private parties. The trial Court proceeded to decree the suit in terms of the report on 20-3-1991. The plaintiff moved for execution of the decree. It -was at this juncture petitioner came to know about the decree and…

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