Law:

Section:

Specific Relief Act (I of 1877)------Ss. 12 &- 42---Civil Procedure Code (V of 1908), O.XXXII, R.7--­Suit, for possession and declaration---Reference of case to referee--­During pendency of suit one of the plaintiffs alongwith their counsel and one of the defendants and his counsel made statements that entire dispute in suit be referred to one of the defendants as referee and that whatever statement said referee would give regarding dispute would be accepted and suit be decided accordingly---Trial Court directed the referee to appear in Court and to make statement and referee made the statement--­Trial Court disposed of the suit in accordance with the statement of referee---Plaintiffs challenged the of Trial Court contending that statement of referee could not bind other plaintiffs. that there being a minor defendant, entire agreement to refer matter, was void against all parties and that statement inasmuch it exceeded the dispute in suit, could not have been binding upon the parties and could not have formed part of and decree---Statements on the basis of which suit was disposed of were made by one of the plaintiffs as well as one of the defendants alongwith their respective counsel---No plea was taken to the effect that counsel for, parties were not competent to agree to make the reference---Minor in question had not sought to avoid said agreement and guardian ad litem of minor. was referee himself---Entire statement of referee was strictly confined to dispute ween the parties---Plaintiffs could not prove that referee had travelled beyond dispute between the parties---Contention raised by plaintiffs were repelled, in circumstances---Suit was rightly disposed of by Trial Court, on basis of statement of referee. Chhabba Lai v. Kallu Lal and others AIR 1946 PC 72 and Jaffar Abbas and others v. Ahmed and another PLD 1991 SC 1131 ref. Talib H. Rizvi for Appellants. Khan Khizar Abbas Khan for Respondents. Date of hearing: 3rd September, 2002. . JUDGMENT MAULVI ANWARUL HAQ, J.--- On 2-2-1988 the appellants filed a suit against the respondents. In the plaint it was stated that the parties are the successor of one Rai Mughal, as per pedigree-table annexed with the…

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