Law: Civil Procedure Code (V of 1908)

Section: XXVI,9,VII,14

Law: Specific Relief Act (I of 1877)

Section: 8

Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Procedure Code (V of 1908)--- ----O. XXVI, R. 9---Specific Relief Act (I 1877), S. 8---Suit for possession--Illegal occupation of land---Appointment of Local Commission for demarcation--Power of court---Scope---Contention of the petitioner/defendant was that Local Commission could not be appointed as it amounts to creating of evidence--Validity---Order XXVI, R.9, C.P.C. invests sufficient powers upon the courts to appoint the Local Commission for investigation so as to clarify itself as at the end of the day it is the court which has to decide the issue pending before it--No illegality had been committed by the courts below by ordering demarcation of the property in dispute so as to decide the controversy pending before it in a befitting and proper manner as demarcation did not mean that it was ordered for creating evidence for a particular party---Appointment of Local Commission qua demarcation was only to elucidate the pending matter and to verify the situation on ground enabling the courts to arrive at a just and proper conclusion, therefore, there was no circumstance to create evidence for any party, thus, the orders of courts below were in accordance with law---Constitutional petition was dismissed, in circumstances. Jalal Khan and 10 others v. Khandoo Malik and 24 others 2003 SCMR 1351; Rahim Bakhsh and another v. Civil Judge, Lodhran and 3 others 1985 CLC 387; Dr. Tahir Mahmood Awan v. Tariq Mahmood and another 2006 MLD 1457; Munawar Ahmad and others v. Rehmat Khan 2015 CLC 250; Vice-Chairman Punjab Bar Council and others v. Government of the Punjab and others PLD 2021 Lah. 544; Zainullah v. Hizbullah and others PLD 2022 Bal. 81 and Lahore Municipation v. S. Abdul Rahim and 3 others PLD 1973 Lah. 391 ref. Nazir Ahmad and others v. Muhammad Qasim and others 2004 SCMR 1292 rel. (b)    Constitution of Pakistan--- ----Art.199---Civil Procedure Code (V of 1908),O.XXVI, R.9---Order of appointment of Local Commission for demarcation by the Trial Court--Interference by High Court in its discretionary jurisdiction---Scope---Jurisdiction exercised by High Court is discretionary in nature and even if a relief can be granted to a certain…