MEND ALI versus RUKHTAJ

Section 2 (9) read with OX, rr 4 & 5 Order of the trial court not found in accordance with the law provided under Section 2 (9) and O XX, R 4 and 5, CPC case Determines the points referred to the trial court for local inspection to determine the property in dispute so that the definition of evidence can be adjusted accordingly at the time of the decision of the case. [Proof]

1981 C L C 24

[Azad J & K]

Before Sardar Muhammad Sharif Khan, Actg. C J

MEHND ALI‑Appellant

versus

Mst. RUKHTAJ AND 3 OTHERS‑‑Respondents

Civil Appeal No. 66 of 1979, decided on 28th May 1980.

Civil Procedure Code (V of 1908)‑

‑‑ S. 2(9) read with O. XX, rr. 4 & 5‑Order of trial Court not found to accord with law as provided under S. 2(9) and O. XX, rr. 4 & 5, C. P. C.‑Case remanded to trial Court for local inspection of property in dispute to determine points formulated so that appreciation of evidence could accordingly be made at time of decision of case [Evidence].

Kh. Shahad Ahmed for Appellant.

Syed Ghulam Hussain Shah for Respondents.

Date of institution : 22nd October 1979.

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