' The sole grievance of the petitioner which has been raised by the learned counsel for the petitioner in support of this civil revision is that Muhammad Bashir Qazi acted as an arbitrator and not as referee inasmuch as he has submitted his report on the basis of collection of material, therefore, without giving an opportunity to raise objection against the said award, learned Civil Judge could not have relied thereupon and could not have passed the impugned judgment and decree, hence, judgment and decree passed by the First Appellate Court also suffers from the same infirmity.
2. Rana Abdul Hameed Khan, Advocate, for the respondents has admitted that the statement was made after enquiring but has contended that the statement shall be that of a referee and not an award by an arbitrator. 19941 Shadi Muhammad v. Lal Din 561 (Munir A. Shaikh, J.) When confronted with the case of Ghulam Farid Khan v. Muhammad Hanif Khan and others (1990 SCM R 763), both the learned counsel have agreed that they have no objection if this civil revision is accepted, impugned judgments and decrees passed by the learned Courts below are set aside and the case is remanded to the learned Civil Judge to decide it from the stage when the statement was recorded by him which was made by the referee and proceed with the case treating the same to be an award. They further prayed that learned Civil Judge may be directed to allow the parties to raise objections against the award made by the referee/arbitrator and then after deciding the objection, if any, may decide the suit expeditiously.
3. In view of the above position taken by both the learned counsels, this civil revision is accepted with consent. Impugned judgment and decree passed by the lower Courts are set aside with the result that the case shall be taken up from the stage when the statement of Mr. Muhammad Bashir Qazi was recorded by the learned Civil Judge which statement shall be treated as an award. The parties shall be given opportunity to raise objections against the statement/award made by the arbitrator/referee and after deciding the said objections if any, the decision of the case shall be rendered by the learned Civil Judge within a period of two months w.e.f. The date he receives a copy of this order. The file shall be sent to the Court of learned Senior Civil Judge, Gujrat who shall decide the case himself or to entrust the same to the relevant successor Court of the learned trial Judge. The parties are left to bear their own costs.