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BARKAT MASIH versus BARKAT BIBI


Civil Procedure Code Order XXVI of CPC Commissions (Commission for Examining Witnesses) A XXVI, R 10 Local Commission, when it is said of local officers that they act as referees / defendants claim That he owns the property. A joint commission has been appointed to produce a report on the joint statement of the parties to the possession of the suit property. The parties further agreed that whatever dispute was found in the possession of the property, the decision of this party would be made in favor of the party. The applicant was found in the possession of the local commission and the case was dismissed in light of this report. The plaintiff / defendant submitted before the lower appellate court that the decision of the case should have been made after receiving the objections to the report. The trial court's decision and the case for that decision were re-validated by the local commissioner, he was, in fact, a referee, and not a local commissioner as considered by O XXVI, R 10, CPC. , According to the report of a referee who did not demand any objection. The lower appellate court was acquitted

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