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CANTONMENT BOARD versus BASHIR AHMED


Constitution of Pakistan 1973 Section 9 Civil Procedure Code (v. 1908) AXXVI, R9 Constitution of Pakistan (1973), Article 185 (3) The suit of possession and removal of the suit by the trial court, the plaintiff / applicant appealed. Before the appeal was filed, the High Court, against the judgment and order passed by the trial court parties, on the approval of the appeal, on the appointment of three members local commission to ascertain the boundaries and the actual area of the land. Had agreed and the High Court had remanded the matter according to this case. , Two members voted in favor of the plaintiff / defendant, while the third one voted differently, and the trial court, based on the majority opinion, ruled the case without further evidence and said against the appeal that the trial court's decision The Supreme Court of the High Court pronounced the verdict, which considered the evidence. Under the High Court's record and decision, the applicant found a suitable case for sanction of leave for appeal, after which the appeal would be vacated. It was considered whether the trial court had appointed a three member commission. Correctly accepted the majority opinion of the two members of the CA which rejected the theory on the third and whether the trial court ruled in favor of the local commission's majority opinion without recording further evidence about the municipal commission. Is.

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