Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XVI, R.14 & O.XXVI, Rr. 9 & 10---Local commission---Report of---Scope---Summoning of local commission as a court witness---Application for summoning of local commission as a court witness was moved which was dismissed by the Trial Court---Validity---Court on its own motion had power to summon a person to give evidence at any stage of the proceedings if it was necessary to examine such person---Such power was discretionary and could be exercised by the court to ensure complete justice---Provisions of O. XVI, R.14, C.P.C. could not be used by a party to a litigation to summon any person---Report of local commission was prior in time to the framing of issues---Had the plaintiff given the name of local commission in the list of witnesses then he could have summoned the local commission through process of court---Plaintiff could not insist the court to exercise its powers under O.XVI, R.14, C.P.C. to summon the local commission as a court witness to give evidence---Report of local commission together with evidence recorded by him would be evidence in the suit---Such evidence or report ought to be taken into consideration by the court in coming to its conclusion, however same was not binding on the court---No party, in the present case, had filed objections to the report of local commission---Plaintiff had not filed any application under O.XXVI, R.10(2), C.P.C. for summoning of local commission---Report of local commission along with evidence submitted before the Trial Court should be treated as evidence in the suit in terms of O.XXVI, R.10(2), C.P.C.---Plaintiff could file an application under O.XXVI, R.10(2), C.P.C. for seeking permission to examine the local commission personally---Revision was dismissed accordingly. Mst. Hajra Begum through legal heirs v. Mst. Badar-un-Nissa and others PLD 2013 Sindh 417; Urman Jee v. District Judge, Kohat and 3 others PLD 1990 Pesh. 100 and Amna Bibi and 2 others v. Sona Khan and others 2012 YLR 2047 distinguished. Islamuddin and others v. Ghulam Muhammad and others PLD 2004 SC 633; Abdus Shakoor v. Muhammad Zafar Ullah Khan and others 2007 CLC 1661; Zaheer-ur-Din v. Mst.…

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