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MUHAMMAD YASEEN versus MUHAMMAD SALEEM


A. XVIII, R 18, O XXVI, R 9 Power of Court to inspect property and appoint commission to form a local inspection court under O XVIII, R 18, CPC inspects any property or item in any case. But could not decide the matter on the basis of his opinion or impression on the inspection, the court was bound to decide the case on the basis of the evidence on record and could not exclude the evidence from his views during the examination. For the purpose of understanding the evidence, inspect any property or anything that may be raised about it under court order XXVI, R 9. The purpose of the CPC was to consider any local investigation necessary or appropriate to explain any issue in Nazia. Clarify the evidence for obtaining information on the record or on the spot d. The inquiry was made by the court to explain or appreciate the evidence on record. The mere decision of the case may have a clear idea of the purpose of a commission. It was not to collect evidence, but rather to obtain evidence to clarify the issue which was local in character.

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