Law:

Section:

Civil Procedure Code (V of 1908)--­----O.XXVI, R.9---Constitution of Pakistan (1973), Art.199---Constitutional petition---Scope---Dismissal of plaintiff's application for appointment of Local Commissioner---Dismissal of such application was maintained by District Court in revision---Such dismissal assailed in Constitutional petition--­Maintainability---Local investigation could be ordered either for clarifying any matter in pending case or for obtaining any information in respect of spot in question---Commission was required to be issued in such case where Court deemed it fit to do so to determine any issue which could not be otherwise ascertained or determined---Appointment of Commission was, thus, discretionary matter with Court for purpose of local investigation in interest of justice---Such discretion, however, could not be utilized to allow any premium to one party upon the other---Both Courts below had come to conclusion that any spot inspection would tantamount to filling of lacunae in evidence of plaintiff and as such had declined to exercise discretion in his favour---Plaintiff could not point out as to how discretion had been arbitrarily exercised by Courts below---Discretion exercised by Courts below in refusing appointment of Local Commissioner was within their jurisdiction which could not be successfully challenged in extraordinary Constitutional jurisdiction of High Court---Plaintiff was,, thus, not entitled to appointment of Local Commissioner. ORDER A. suit for partition was pending between the parties in respect of the property detailed therein in the Court of learned Civil Judge, Pindigheb. The petitioner who is also a plaintiff in the Court below filed an application for the appointment of Local Commissioner in order to determine, whether the property in question was residential or agricultural. This application was moved after the parties had closed their evidence but the evidence in rebuttal was yet to be examined by the petitioner/plaintiff. 2. According to the petitioner, the appointment of the Local Commissioner was necessary because without ascertaining the nature of the property, it was not possible to adjudicate upon the case…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492