Law:

Section:

Constitution of Pakistan (1973)--- Art. 185 (3) read with Civil Procedure Code (V of 1908), S. 75 and O. 'XXVI, rr. 9 & 16 Local Commissioner Interpretation by Local Commissioner of documents submitted to him by petitioner himself ¬Petitioner raising objections but later withdrawing same Report of Local Commissioner based on appraisal of such documents Held, cannot be made a ground of grievance by petitioner in circumstances of case Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH J. Leave to appeal has beep, sought from order dated 16 6 1982 of the Lahore High Court ; whereby a regular second appeal was dismissed in limine. The petitioner had obtained a decree for permanent injunction restraining the respondents defendants from having a plane sanctioned from committing an alleged encroachment on the land purported to have belonged to him. He also sought the mandatory injunction against respondent No. 1 for closing the door which he is said to have opened towards the petitioner's said land. The petitioner's suit was dismissed by a learned Civil Judge first Class. During the bearing of his first appeal, a learned District Judge appointed a Local Commissioner to measure the area covered by the houses of the parties. The Local Commissioner submitted a report which went against the petitioner. His first appeal was dismissed. During his second appeal in the High Court a grievance was made that "the learned District Judge has instead of recording his own finding relied upon the one given by the Local Commissioner and has thus delegated his judicial functions to another person". While repelling this argument the learned Judge in the High…

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