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ABDUS SHAKOOR versus MUHAMMAD ZAFAR ULLAH KHAN


A. XXVI, R 10 (2) Partition Act (I9 of 1893), Section 2 Local Commissioner's Distribution Report, Depending on the report of the local commissioner, the trial court passed a final order, which the appellate court affirmed. Which the reviewer raised in the review. Was this suit house not divisible, the courts below did not appreciate the evidence on record in their original context, and a poor report of the local commissioner was considered and the basis of their decisions was OXV, R10 ( 2) Provided under CPC Local Commissioner. In which case the commission was issued by the court, it should be considered as evidence, although it was not binding on the court, which could reach its conclusion based on the evidence on record, for legitimate reasons. Certified, not open, for legitimate exceptions and it was not safe to act as a court expert and to submit a detailed report to a commissioner who had no evidence of integrity and caution, whose careful and diligent execution. Was. The Ion of Tasks proved by their report and who did not blindly accept the claims of any party, the Commissioner of the local party visited the occasion in compliance with the court order in the presence of the parties / their representatives. And presented a detailed and comprehensive report, keeping in mind all aspects of it. The trial certified by the appellate court was unthinkable and did not demand the intervention of the High Court.

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