Law:

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Arbitration Act (X of 1940)-------Ss. 2(a), 11 & 39---Agreement to appoint Referee---Revocation of appointment---Rejection of application ---Appeal-- -of amount, agreed to appoint Referee to decide the matter---Appellant/borrower filed application for revocation of appointment of Referee alleging that he had lost confidence in him as he was acting in a partisan manner---Said application was rejected on sole ground that one could not be allowed to approbate and reprobate---Validity---Decision to be bound by the statement of a Referee, was outcome of a contract and parties were at liberty to revoke it before it was acted upon---Appellant had applied for revocation of appointment of Referee before recording statement of Referee---Contention of respondent that once appellant had agreed to be bound by the decision/statement of Referee, he was bound by his own word and could not be allowed to retract, had no significance in circumstances as statement of Referee had not been recorded, before filing application for revocation of his appointment. Sher Zaman Khan v. Noor Zaman Khan and another PLD 1977 Lah. 672 ref. JUDGMENT - SYED ZAHID HUSSAIN, J.--- Record has been received and examined. With the consent of the learned counsel for the parties, we are disposing of this case as Pucca matter. 2. On 12-6-1995, the respondent herein filed a suit for recovery of money against the present petition. Evidence of the parties in the case was concluded on 16-10-1997. Perusal of the record shows that on 9-12-1997 the parties to this appeal agreed to appoint Muhammad Sharif as Referee and further stated to be bound by his Faisla. Accordingly, the learned trial Court directed the Referee to appear for his statement on 22-12-1997. 3. The appellant herein made an application to the learned trial Court for revoking the appointment of the Referee on the ground that he was acting in a partisan manner and, therefore, the appellant had lost confidence. in him. This application was listed for reply for 22-12-1997 on which date the reply to the application was submitted and arguments were…

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