Law:

Section:

Civil Procedure Code (V of 1908)-------S. 75, O.X, R.1-A, & O.XXVI, R.4--- Law Reforms Ordinance (XII Of 1972), S. 3----High Court appeal---Appointment of Commission to record evidence---Restraining appellants from raising construction on property---Grievance of appellants was two folds as they were aggrieved of two orders of Single Judge, whereby Commission had been appointed to record evidence of respondent and interim injunction restraining appellants from alienating or raising construction on the property had been granted---Contention of appellants was that evidence could not be recorded on Commission as appellants had not consented to issuance of Commission in terms of O.X, R.1-A, .C.P.C.---Validity---Respondent in the present case was Judge of Supreme Court and exigencies of his absence from the Court would impair his onerous public duties---Moreover his appearance before a Court as witness and the possibility of being cross-examined would have been a great source of embarrassment for any Court, member of the Bar and general public---Directions to record evidence on Commission were perfectly justified terms of powers available to the Court under O.XXVI, R.4, C.P.C.---So far as restrain on alienation was concerned, counsel for respondent had rightly contended that corpus of the dispute could not be allowed to be destroyed---Impugned restrain, in circumstances, was perfectly justified--Regarding construction on property in dispute, it could be said that when ostensible title had been transferred in favour of appellants, who were also in possession of disputed plot, it could not be altogether fair to deny them the benefit of its possession till such time that matter was finally resolved and respondent's claim was established---Impugned order was modified to the extent that appellants could raise construction on the plot, but entirely at their own risk and they could be required to pull it down if so required by respondents in case his suit was decreed. Muhammad Shafi v. Kaniz Zohra Bibi 1983 CLC 2541 and Muhammad Akram v. Rehmat Khan PLD 1987 Lah. 68 ref. Rizwan Ahmed Siddiqui for Appellants. Mushtaque A. Memon for Respondent. ORDER 1. Granted. 2 and 3.…

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