Law: Civil Procedure Code (V of 1908)

Section: ------- O. XXVI, r. 10(1)

Civil Procedure Code (V of 1908)  O. XXVI, r. 10(1) read with High Court Rules and Orders (Lahore), Vol. I, Chap. I-M-Local Commissioner-Imperative for local Com     missioner to record evidence of parties, consult revenue record, and mention such actions in his report-Commissioner not complying with procedure laid down in C. P. C. and High Court Rules-Evidence of Commissioner, held, wholly inadmissible. Date of hearing : 14th June 1974.                                                                                                                         JUDGMENT This second appeal assails the judgment and decree passed by the learned District Judge, Sialkot, on 30th May 1962 reversing the judgment and decree of the trial Court. 2. Brief facts of the case are that the suit was filed by Malik Anar Din on 3rd October 1955 for possession of 6 marlas of land, bearing Khata No. 164/218 and Khasra No. 185, pertaining to the Jamabandi for the year 1950-51, situate in the revenue estate of Mauza Pura Neka, Tehsil and District Sialkot. The suit was resisted by Muhammad Suleman and Muhammad Hussain. After framing issues and recording evidence the trial Court decreed the suit. The matter went up in appeal before the Senior Civil Judge who remanded the case on 10th October 1957 with certain directions. The learned trial Judge again on 26th September 1961 dismissed the plaintiffs' suit. By the impugned judgment the learned District Judge accepted the appeal and decreed the suit for possession relying on the report of the local Commissioner, 3. Learned counsel for the appellants has vehemently argued that the report of the local Commissioner was inadmissible in evidence on account of the provisions of Order XXVI, rule 10, sub-rule (1) of the C. P. C. and the…