Law:

Section:

Civil Procedure Code (V of 1908)--- --------O. XXVI, R.8 & S.175---Intra-court appeal---Dispute with regard to ownership rights of the parties---Appointment of local commission by the High Court to collect evidence---Determination of ownership rights by the local commission---Scope---Both the parties agreed that they would he satisfied if matter was resolved after receiving report from local commission---Single Judge of High Court appointed local commission and disposed of the constitutional petition after receiving its report---Validity---Disputed question of fact could not be decided by the High Court under its constitutional jurisdiction without recording of evidence which was not its domain---Local commission had no jurisdiction to determine ownership rights of the parties---Only civil court had jurisdiction to determine such controversy---No opportunity was given to the appellant to file objection against the report of local commission---Single Judge was bound to fix a date whether parties wanted to file any objection to the report of local commission or not---High Court could not collect evidence to prove ownership rights of the parties through report of local commission---Impugned order passed by Single Judge was set aside---Respondent might file a suit with regard to her ownership rights if so advised---Intra-court appeal was allowed in circumstances. Chaudhry Shah Muhammad and 6 others v. Muhammad Ishaq and 5 others 2001 MLD 1518 rel. (b) Constitution of Pakistan--- --------Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed question of fact could not be decided by High Court without recording of evidence which was not its domain. THIS ORDER PASSED BY: ATIR MAHMOOD, JUSTICE:------------------ Through this Intra Court Appeal under Section 3 of the Law Reforms Ordinance, 1973, the appellant has called into question the validity and legality of order dated 09.06.2009 passed by the learned Single Judge in Chambers of this Court whereby writ petition of respondent No.5 was disposed of in terns of para No.5 of impugned order. 2. Briefly the facts of the case giving rise to the institution of the instant appeal are that respondent No.5…

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