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CH. GULZAR KHAN versus SAGHIR AHMED


Article 44 Civil Procedure Code (v. 1908), O XXI, R 32 & O XXVI, Rr 9, 10 Constitution of Pakistan (1973), Article 199 Appointment of Local Commission to Proceed with Constitutional Request Although Permanent Order Prohibition Trial Was excluded from the case. Based on the defendant's statement, the trial court still directed the plaintiff to comply with his statement, the plaintiff's complaint was that the defendant had violated the statement made in the court and that he had given his land. In the Implementing Court, there were transgressions, under the authority of O XXI, R 32, the CPC appointed a local commission for the limitation of the disputed land The defendant endorsed the local commission appointment order but the appellant. The court upheld the decision of whether the trial court upheld the defendant's order in the amended jurisdiction. Therefore, the local commission could not be appointed nor was there any mandatory injunction in favor of the plaintiff in the special performance order, therefore, the provisions of AXXI, R 32 (5) did not apply, without the trial court. Appointed the local commission of a legal jurisdiction, the defendant's statement in this case was intended to continue, the violation was understandable under AOXI, R32, the CPC's executive court had He had the right to pass any order under the OXI, R 32 (1) and (2), CPC, using the jurisdiction to commit a prisoner in prison, if this was proved. It has been violated that the order of appointment of the local commission was set aside and accordingly the constitutional application was dealt with.

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