Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXVI, R. 9---Partition Act (IV of 1893), S. 4---Constitution of Pakistan, Art. 199---Application for appointment of Local Commission---Constitutional petition---Maintainability---Suit for possession through partition and mesne profit---Appointment of Local Commissioner---Scope---Defendant moved an application for appointment of local commission to ascertain his improvement/ construction on the suit land---Application for appointment of local commission was dismissed on the grounds that issue with regard to determination of mense profit as per market value had already been framed and evidence of defendant had already been recorded---Validity---Impugned order was based on proper appreciation of facts and circumstances of the case---Powers to appoint local commission was the discretion of the Court---Appointment of local commission was not a vested right of party so as to invoke constitutional jurisdiction of High Court for enforcement of such right---Appellate Court had aptly found that in a suit for possession through partition preliminary decree was passed in the first place and at the stage of final decree party could move the Court for such an order but that stage had not yet come in the present case---Petitioner had alternate remedy of moving application for appointment of local commission---Defendant could not invoke constitutional jurisdiction of High Court for appointment of local commission at a stage when even preliminary decree had not yet been passed---Trial Court did not deem it proper to appoint local commission at the early stage of preliminary decree---Constitutional petition was dismissed in limine. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, J.--- In a suit for possession through partition of the two houses mentioned in the suit, being legacy of the late father of the petitioner and respondents Nos.1 to 4, late Ashiq Hussain, besides permanent injunction and recovery of mesne profit by respondents Nos.1 to 3/plaintiffs against the petitioner and respondent No.2, the petitioner/defendant No.1 moved application for appointment of local commission for ascertaining improvements/construction of the…

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