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Civil Procedure Code (V of 1908)-------O. XXVI, Rr. 9 & 18 & O.XXXIX, Rr.1, 2, 7 & 8---Law Reforms Ordinance (XII of 1972), S.3---Appointment and report of Local Commissioner without notice to the opposite party---Application for grant of interim injunction---Court could not appoint Local Commissioner for inspection without notice to opposite party except in cases where the issuance of notice could frustrate the purpose of appointment of Commissioner, but the Commissioner had to execute the Commission with notice to opposite party---Appellant, in the present case, was hot served with notice of inspection application, even the inspection carried on by Commissioner/Nazir of the Court was without notice to the appellant---Validity---Report of Nazir, was to be excluded and could not be considered as it was prepared in violation of mandatory provisions of law---Order passed on such report, was also not legal. Modal Vasam Latcham Naidu and another v. Rama Krishan Ranga Rao Bahadur Bobbili Samasthanam AIR 1934 Mad. 548 and Barkat Ali and another v. Mst. Fatima Bai and 2 others 1995 CLC 1012 ref. Muhammad Nawaz Shaikh for Appellant. Ahmed Pirzada, Addl. A.-G. for Respondents Nos. 1 to 5. Ms. Sana Minhas for Respondent No.9. Date of hearing: 16th December, 2003. ORDER The appellant aggrieved by the impugned order has preferred the present appeal. By the impugned order the C.M.A. 2387 of 2003, filed by the appellant in Suit No.454 of 2003 for injunction was disposed of on the basis of the Nazir's report. The Nazir of this Court inspected plot Survey No.315 of Na-class 161, Sector 43-A, K.D.A. Scheme No.33, Deh Safooran, Karachi, claimed by the respondents, whereas the appellant-plaintiff claims that he is allottee of the land of Na-clasp Survey No.179-A, Sector 42-A, K.D.A. Scheme No.33, Deh Safooran which is distinct piece of land. The plea of the appellant was that the disposal of the injunction application on the basis of inspection report of the Commissioner/Nazir, without notice could not be the basis of an order in favour or against any party. Therefore, the impugned order is liable to be set aside on this, score only. The plea raised is not without any…

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