Law:

Section:

Civil Procedure Code (V of 1908) --- ----S. 75 & O. XXVI, Rr.9 & 10---Local commission, appointment of---Scope---Application for appointment of local commission for assessment of improvement and site situation was dismissed by the Appellate Court---Validity---Earlier, local commission was appointed by the Trial Court and matter had been decided---Difference between the report of local commission and oral evidence of the parties was on record---Matter should have been decided by resolving each and every controversial point---Question of improvement could be determined after assessment of the same---Application for appointment of local commission should have been allowed in order to meet the ends of justice---Impugned order passed by the Appellate Court was set aside with the direction to appoint another local commission and decide the controversy in the light of the report of local commission---Revision was accepted in circumstances. PLD 1989 Kar. 75; 2003 SCR 172 and 1981 CLC 368 ref. PLD 1989 Kar. 75 rel. JUDGMENT SARDAR ABDUL HAMEED KHAN, J.--- The above titled revision petition has been filed against the order of Additional District Judge Dhirkot dated 20-12-2013 whereby, an application for appointment of local commission for assessment of improvement and site situation etc. has been rejected. 2. Brief facts forming background of the revision petition are that in a case titled "Shabir Khan and others v. Azad Government and others" pending before Additional District Judge Dhirkot an application was filed by Maqsood and others for appointment of local commission in order to assess and evaluate the improvements made over the disputed land as well as road etc. It was averred that the report of the commission, already submitted is not comprehensive enough and there are certain facts to be Assessed and revisited. It was further averred that appellants have made huge improvements in shape of houses, plinth, trees etc. 3. The application was objected to by the other side stating therein that the application is misconceived and baseless just to procrastinate the litigation whereas, the learned trial Court in light of the recommendation and report of the…

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