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MEHMOOD SHAH versus TAMASH KHAN


Section 8 Civil Procedure Code (v. 1908), AXXVI, R9, O XLIII, R1, Section 47 and 115 (4) Suit for Appointment of Local Commission, High Court Remands for Appointment of Local Commission on Remand Had received. Verify whether the land claimed by the claimant was in their possession and the trial court appointed a local commission which submitted the report before the trial court to take further action. To find out the improvement, another application was made to appoint a local commission. The trial court and the appellate court rejected both, stating that the validity order for the rejection of the appointment of a local commission approved under OLXI, R9, CPC, OCLI, R1, C Cannot be submitted under the PC, such order has been approved by the Court of Appeal. A revision should be considered that once the appellate court exercises the jurisdiction to amend it under section 115, CPC, the High Court will lack jurisdiction to revise against such order. Its review is in jurisdiction because it would be against the explicit command of section 115 (4); the CPC revocation request was dismissed

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