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NAZIR AHMAD versus ADDITIONAL DISTRICT AND SESSIONS JUDGE, MUZAFFARGARH


Specific performance of the Contracting Local Commission in Article I & O XXVI, Rr 9 and 10 of the Special Relief Act (I of 1877), Article 199 Constitution Petition, the appointment of the scope plaintiff, after the recording of his oral evidence, of the Municipal Commission The application for appointment which was simultaneously rejected was not true to the plaintiff nor was it dismissed on the ground that he had made any construction on the suit land to either party from his requests. Separation or improvement of matter cannot be allowed. The plaintiff established by him was bound to prove his own case in the Plaintiff's claim and had to stand on his own feet and, on the weakness of the other case, established his case. Could not be allowed to do. The party cannot be allowed to collect evidence through a local commission. If the request of the plaintiff is allowed, then the local commission will also have to be examined because one of them will provide the witness and the same second opportunity to the plaintiff. In the case the surviving locksmith fills up, the plaintiff cannot be allowed to move after evading his oral evidence and no further evidence can be allowed to substantiate his case. The constitutional petition was dismissed; inadmissible orders passed by the courts identified weakness or material misconduct.

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