THADANI, C. J.: This is a reference made by the learned Deputy Commissioner of Goal-para under the provisions of S. 438, Cr. P. C. inviting our attention to certain irregularities in a case filed before the Magistrate, 1st Class, Dhubri, under S. 145, Cr. P. C. It appears that the learned Magistrate, Dhubri, without follow­ing the procedure laid down in S. 145, Cr. P. C., permitted the case to be referred to arbitra­tion, by his order dated 6-11-50. The arbitra­tion proved infructuous and on 3-2-51 one of the arbitrators sent a report, and the Magis­trate, acting upon this report, proceeded to examine the first party. The 2nd party was apparently absent that day and the learned Magistrate then proceeded to pass an 'ex parte' order declaring the first party to be in posses­sion. (2) The learned District Magistrate rightly points out that in the first place the matter under S. 145, Cr. P. C. could not properly be referred to arbitration, in the se.cond place, when the arbitration proved infructuous the Magistrate was bound to follow the procedure laid down under S. 145, Cr. P. C. (3) We accept the reference of the Deputy Commissioner, set aside the order passed by the learned Magistrate of Dhubri dated 3-2-51, and direct that the case be disposed of in accordance with law. (4) DEKA J.: I agree. Order set aside.