Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)-------S. 115---Revision---Controversy involved' in the case was the installation of transformer at the spot which could not be decided without technical assistance---Neither any technical person was appointed as Local Commission nor any evidence to that effect was produced by both the parties---Report of Local Commission, a non-technical person, who even did not appear in the witness box, could hardly be relied upon or made basis to resolve the controversy---Trial Court, instead of recording the evidence of the parties, elected to decide the cases on merits and also recorded issue-wise findings relying upon the report of the Local Commission---Validity--Held, in such-like situation issue-wise findings could be recorded by any court where no evidence had been recorded---Trial Court, while recording the issue-wise findings, had only referred to the report made by the Local Commission without calling for the evidence of the parties particularly the petitioner's side or any expert in the relevant field---Trial Court was under legal obligation to see the factual controversy involved in the matter---Findings of the Appellate Court were also the result of jurisdictional defect and material irregularity---Judgments impugned in circumstances were not sustainable---High Court, in circumstances, remitted the case to the Trial Court for fresh decision after recording the evidence of the parties---Revision was allowed accordingly. Kaniz Bibi v. Muhammad Ashraf and another 2008 YLR 159; Mst. Rasool Bibi through legal heirs v. Additional District Judge; Sialkot and another PLD 2006 Lahore 181; .Muhammad Ameen v. Sardar Ali PLD 2006 SC 318; Noor Hussain and others v. Mst. Hussain Bibi and others 2007 SCMR 378; Faisalabad Development Authority v. Raja Jahangir Nasir and others 2004 SCMR 1247; The State through Force Commander; Anti-Narcotics Force, Quetta v. Abdul Qahir PLD 2002 SC 321; Abdul Shakoor and others v. Haroon and others 2008 SCMR 896; Mushtaq-ur-Rehman and 4 others v. Muhammad Akbar and 5 others 1981 CLC 364; Bildar Khan v. Faridoon Khan and others PLD 2003 Peshawar 23; Muhammad Khan v. Nazir Ahmed 2003 SCMR 1911 and Barkat Masih v.…

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