1. NASIM HASAN SHAH, J.--In connection with a marital dispute resulting in the wife living separately from her husband, the wife applied to the Chairman of the Union Council, under the provisions of the Muslim Family Laws Ordinance, 1961, for the grant of maintenance.
2. The Chairman constituted an arbitration council consisting of a representative each of both the parties. The petitioner does not appear to have taken these proceedings too seriously and did not attend some of the hearings of the said Council. On one of such dates of hearing certain witnesses produced by the wife, were examined. He, thereafter, applied to the Arbitration Council for re- summoning of the said witnesses for cross-examination and also for production of his own evidence. However, those witnesses were not summoned because the representative nominated by him on the Arbitration Council withdrew the said application ostensibly after consulting him--a fact which is vehemently denied by him. In the absence of any evidence produced on behalf of the petitioner, the maintenance as claimed by the wife, was granted by order of the Chairman with the consent of the representative of both the parties.
3. The revision filed against the said order before the Collector, as also the writ petition directed against the orders of the Arbitration Council and that of the Collector having failed, the petitioner has moved this Court for leave to appeal.
4. A question, which has considerable legal importance, has arisen in this case, namely, whether a representative nominated by a party on the Arbitration Council acts thereon as a quasi-judicial authority being charged with the duty of taking part in the decision of the Council or is merely like an agent of the said party, who may, inter alia, withdraw an application submitted by the party himself, concede the claim of the other party and do all acts which the party itself is competent to do. In short is his role comparable to a Judge or that of a party?
5. The order of interim stay passed on 30-12-1981 shall continue during the operation of the appeal which shall be made ready on the present record, with liberty to the parties to add further documents, and be put up for hearing at a very early date, if possible within this year.