Law: Civil Pioneer Force Ordinance, 1965

Section: 9,14(2)

Civil Procedure Code (V of 1908)--- ----O. XXVI, Rr. 9 & 14(2)---Notice for removal of unauthorized construction---Suit for permanent and mandatory injunction---Local commission, appointment of---Report of local commission---Proof of---Requirements---Trial Court appointed local commission to determine location of suit property who submitted his report---Defendants objected the report of local commission---Neither report of local commission was exhibited nor he was examined---Trial Court turned down objections of defendants and decreed the suit which was maintained by the Appellate Court---Validity---Local commission had been appointed for local investigation/spot inspection---Confirmation of report of local commission or otherwise was subject to O.XXVI, R.14(2), C.P.C.---Statement of local commission had not been recorded in the present case---Confirmation of report of commission was subject to the examination of local commission before the Trial Court---Courts below had failed to adopt proper procedure for determination of objections to the report of local commission---Impugned s and decrees were nullity in the eyes of law, in circumstances---Matter was remanded to the Trial Court with the direction to examine the local commissioner for determining the fate of his report and then decide the case in accordance with law---Impugned s and decrees were set aside---Revision was accepted, in circumstances. Mst. Jannoo Mai v. Shamasudin 2012 MLD 941; Fida Muhammad v. Umar Khitab 2013 CLC 1171 and Ghulam Mohiuddin v. Alauddin 2014 YLR 1964 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD NAEEM ANWAR, JUSTICE:---.--- This civil revision under section 115 of C.P.C. (1908) has been preferred against the judgment and decree of learned Additional District Judge-V, Kohat, dated 24.04.2010, whereby the appeal filed by the petitioner was dismissed, consequently the judgment and decree of learned Civil Judge-III Kohat dated 22.01.2009 was upheld. 2. Brief facts of the case are that respondents Nos.1 to 3 have filed a suit for seeking perpetual and mandatory injunction therein that they are the owner in possession of property bearing Khasra Nos.4121, 4122, 4123, 4124, 4126, 4127…

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