JUDGEMENT

(a) Civil Procedure Code (V of 1908)---------O. XLI, R. 34, XLVII, R. 1 & S. 114---High Court (Lahore) Rules and Order, Vol. V, Chap. IV, Part II, R. 5---Difference of opinion between Judges of Division Bench on the point, whether or not there should be re-hearing of appeal---Referee Judge opted for re-hearing of appeal---Validity---Such order of Referee Judge was a judicial order, which if not challenged, would attain finality---Division Bench while re hearing case would have no authority to review judicial order of Referee Judge.(b) Civil Procedure Code (V of 1908)---------O. XLI, R. 34---High Court (Lahore) Rules and Order, Vol. V Chap. IV, Part II, R. 5 ---Difference of opinion between Judges of Division Bench---Opinion of Referee Judge---Validity---Where one Judge of Division Bench did not express his opinion on merits, then opinion of Referee judge would not be decision by majority---Where Referee differed from opinion of Judge of Division Bench, who had expressed his opinion...