Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------S. 33---Civil Procedure Code (V of 1908), O.XXXVII, R.2---Arbitration Act (X of 1940), S.5---Suit for recovery of amount on the basis of promissory note and receipt---Parties, during the course of proceedings, agreed to resolution of their dispute through the decision of referee and order-sheet of the Court in this behalf was signed by the counsel of the parties and parties affixed their thumb-impressions thereupon---Date was fixed for the statement of the referee---Defendant, however, moved an application, seeking revocation of authority of referee on the ground that the referee had joined hands with the other side and had called parties to make statements and thus he had assumed the role of Arbitrator---Trial Court without requiring the plaintiff to file reply to the application of the defendant, had dismissed the application---Consequently, the suit of the plaintiff was decreed on the basis of the statement of the referee---Validity---Held, statement got recorded by the parties, was signed by their counsel as well, decision of the referee, in its letter and spirit thus, had the binding impact---Statements of the parties showed that authority of the referee was irrevocable and was not subject to termination---Trial Court, therefore, had rightly dismissed the application for the revocation of the authority of the referee---Plea by the defendant that referee, after having summoned the parties to record their statement, had lost his status of referee and thus, had no weight---Statement of the referee showed that his statement was on the basis of personal knowledge and wisdom about the point in issue and his statement was not based on any local inquiry---Mere calling the parties to appear before the referee would not, in any manner, change his character from referee to an arbitrator---No infirmity having been found in the of the "Trial Court, suit was rightly decreed and appeal against the same had no merit which was dismissed by the High Court. Ali Hussain v. Rafiquddin and 9 others PLD 1977 Lah. 418; Sher Zaman Khan v. Noor Zaman Khan and another PLD 1977 Lah. 672; Ghulam Farid Khan v. Muhammad Hanif Khan and others 1990 SCMR…

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