Law: Civil Procedure Code (V of 1908)

Section: O.XXVI,R.10

Law: Civil Procedure Code (V of 1908)

Section: O.XXVI,R.10

Civil Procedure Code (V of 1908)-------O. XXVI, Rr. 9 & 10---Commission for local inspection, issuance of---Commission report, objections to----Scope---Court had to decide that which factual controversy would require physical inspection through its agent---Principles of natural justice would attract to such objections, if raised by a party, and same would be considered under R.10 of O. XXVI, C.P.C.---Prior decision of such objections would not be necessary, where court while passing final addressed same and rendered definite findings thereon---Passing of final without effectively addressing such objections would prejudice case of concerned party. Muhammad Yousaf v. Khudadad 2004 MLD 1107; Ali Hassan v. Sher Muhammad 2007 CLC 969; Muhammad Sharif v. Additional District Judge 1994 MLD 507 and Faqir Muhammad v. Karam Ceramics (Pvt.) Ltd. 1988 PLC 213 ref. Riaz Ahmad Khan for Petitioners. Date of hearing: 15th December, 2010. JUDGMENT YAHYA AFRIDI, J.---Through this Revision Petition, the petitioners have challenged the judgment and decree dated 18-12-2008 passed by the learned Additional District Judge-IV, Nowshera, whereby the appeal of the petitioner was dismissed and the judgment and decree dated 10-2-2007 passed by the Senior Civil Judge, Nowshera was maintained. 2. The brief and essential facts, leading to the present revision petition are that Messrs Cherat Cement Factory ("company"), which is situated in Tehsil and District Nowshera, excavated land for extraction of rocks to be used for the manufacture of cement. Accordingly, the company under the provisions of the N.-W.F.P. Mining Concessions Rules, 1976, ("Rules") obtained leasehold rights from the provincial government. Under the terms of the said lease, the company had to give surface rent to the locals of the area from where mining activity was being carried out by the company. Since the setting up of the factory, the company used to pay the surface rent for the excavation activities to the residents of Mauza Sheikhi. However, in the year 1997, the resident of Mauza Jabba Khushk starting claiming rights over the surface rent for the excavation and mining activities carried out by the company.…

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