Law: Civil Procedure Code (V of 1908)

Section: 75,O.XXVI,9,10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)--- ----S. 75 & O. XXVI, Rr. 9 & 10---Specific Relief Act (I of 1877), S.12---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for specific performance of contract---Local commission, appointment of---Scope---Plaintiff, after recording of his oral evidence moved an application for appointment of local commission which was dismissed concurrently---Validity---Plaintiff had neither averred in the plaint nor deposed in his deposition that he had made any construction on the suit land---No party could be allowed either to make a departure from its pleadings or improve the case set up by it therein---Plaintiff was bound to prove his own case in conformity with the assertions made by him in the plaint---Party had to stand on his own legs and he could not be allowed to build his case upon the weakness of the case of other party---Party could not be allowed to collect evidence through a local commission---If application of plaintiff was allowed then local commission would also have to be examined as one of the witnesses and same would provide another opportunity to the plaintiff to fill in the lacuna left in his case---Plaintiff could not be allowed to turn around after concluding his oral evidence and make another attempt to produce evidence to bolster up his case---No illegality or infirmity or material irregularity was pointed out in the impugned orders passed by the courts below---Constitutional petition was dismissed in limine. Muhammad Bakhsh v. Nizam Din PLD 1978 Lah. 31 rel. ORDER MAHMOOD AHMAD BHATTI, J.---Through this writ petition, Nazir Ahmad, the petitioner has assailed the validity of the orders dated 18-12-2013 and 24-4-2014 passed by learned Civil Judge Muzaffargarh and learned Addl. District Judge, Muzaffargarh, respectively, whereby he dismissed his application for the appointment of a local commission moved in a suit for specific performance and a revision petition filed thereagainst was dismissed as well. 2. The plain facts are that the petitioner instituted a suit for specific performance in respect of land measuring 4 Kanals, situated at village Baraham Wali, District Muzaffargarh, seeking…

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