Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S. 115--- Revision--- Maintainability--- Appointment of local commission---Expression "case which had been decided" in S.115, C.P.C.---Scope---Order for appointment of local commission was discretionary and interlocutory in nature---Order passed by the Court below did not come within the ambit of "a case decided" which was a mandatory requirement for exercising revisional jurisdiction---Court below had exercised its discretionary jurisdiction vested by law to appoint local commission to find out position pertaining at the spot had right to file objections against the report of local commission which, if filed, had to be decided on merits---Revision against the impugned order was premature and not maintainable---Revision was dismissed in limine, in circumstances. Mian Muhammad Luqman and 5 others v. Farida Khanum and another 1994 SCMR 1991 rel. ORDER MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- Through this petition, the petitioner, who was respondent before the appellate court, has called in question order dated 12.12.2019 passed by learned appellate court, whereby Local Commission has been appointed to ascertain possession of either of the party over the suit property. 2. Learned counsel for the petitioner states that appointment of Local Commission at this stage was not justified and the appellate court should have determined the matter on the basis of available record and after perusal of record and recording evidence, if need had still arisen, Local Commission could be appointed at that stage. 3. The relevant portion of the impugned order of the learned Appellate Court is reproduced below: "Though the disputed property is situated in joint khata, yet, both the parties allege their possession at the spot. Therefore, in order to determine the truth and for just conclusion, it would be necessary to elucidate the matter in controversy to appoint local commission. Hence, in the interest of justice, Mr. Ehsan Qadir Babar, Advocate is appointed as Local Commission subject to fee of Rs.5,000/- payable by the appellant, who shall submit his report regarding possession of either of the party over the suit land. The learned local…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492