Law:

Section:

(a) Civil Procedure Code (V of 1908)--­----S. 96 & O.XXIII, R.3---Consent decree, impeachment of---Statements of parties to the effect that trial Judge should visit site and decide case after its inspection, amounted to agreement by which Judge was relegated to the position of arbitrator and his decision amounted to consent decree which could not be impeached. b) Civil Procedure Code (V of 1908)--­ ----O.XVIII, R. 18---Inspection notes---Substitution of evidence---Proposition that inspection notes were not substitute for evidence, was correct as a general principle of law but that principle was not applicable where parties had agreed to onsider the Trial Court as arbitrator and further agreed to be bound by its decision which Court was required to give after inspecting the site. Ganga Ram and others v. Jagu and another AIR 1934 Lah. 176 (2) and Baijnath v. Dhani Ram IR 1929 All. 577 ref. Haticri and another v. Mir Elahi Bakhsh and 2 others 19 6 CLC 798(2) distinguished. JUDGMENT The respondents on 10-9-1984 filed a suit for declaration that the suit land was reserved for common Eid Gah and Graveyard for the use of all the eligious sects of the village and that the petitioners belonging to Barailvi Sect ere not entitled to build shops and Madras over the same. In the written tatement, it was admitted that the land was reserved for public welfare. During he pendency of the suit, the parties on 3-4-1985 made a statement that the Judge hould himself inspect the site and decide the case which decision would be table to all the parties. Accordingly on 8-10-1985, the learned Judge isited the Eid Gah and prepared his detailed notes. On 20-10-1985, the trial ourt finally decided that the place shall be used only for the purposes of Eid mosque or shop or any structure will be built by any person exceptWith the concurrent consent of all the Abadi and that the place shall remain in the joint possession of all the sects. Certain other directions were also made. This decision/decree was appealed against by the present petitioners separately against Talib Hussain also who had filed a similar suit and vide judgment dated 4-6-1986, both the appeals were dismissed. The…

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