Law:

Section:

Civil Procedure Code (V of 1908)--------O. VII, R. 2---Arbitration Act (X of 1940), S.20 --- Suit for recovery of amount---Referring dispute to referee---Suit was decreed on statement of a person who purported to be a referee and got recorded his statement before Court to the effect that demand of plaintiffs for recovery of amount was correct---Judgment and decree passed by Trial Court were affirmed by Appellate Court---Nothing was on record to show that either of the patties had shown their intention to refer the dispute to said person and no documentary evidence was on record indicating that parties in fact had referred dispute to that person who had purportedly acted as a­ referee---Orders of both the Courts did not manifest any such agreement between the parties whereby they consented to refer their dispute to arbitrator or even to referee---When a matter/dispute was to be decided by a referee, it presupposed that parties with their mutual consent/ agreement had referred their specified dispute to a person who could be named either as an arbitrator or a referee, but that fact was lacking in the case---Basic ingredient of consensus of the parties to the suit to refer their dispute/subject-matter of suit to be resolved by a person named as referee, being lacking, proceedings before Court were non-existent under the law---Concurrent s of Courts below passed illegally and with material irregularities, were set aside by High Court in exercise of its revisional jurisdiction. Muhammad Akbar Cheema for Petitioner. Zahid Hussain Khan for Respondent. Date of hearing: 17th July, 2001. JUDGMENT This single judgment will decide the present civil revision as well as the connected Civil Revision No.1634 of 1990 as the common questions of law and facts are involved in both the revision petitions. 2. The petitioners/defendants have invoked the revisional jurisdiction of this Court, under section 115, C.P.C. thereby challenging the order dated 21-5-1990, whereby the learned Additional District Judge, Sargodha, dismissed in limine the appeals filed by the petitioners thereby confirming the judgment and decree dated 21-4-1990 passed by the learned Civil Judge, Sargodha through…

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