MUHAMMAD HUSSAIN KHAN versus SAID MUHAMMAD KHAN

O Read with the XXVI, r 9 o XLI, r 27 and Section 107 Purpose of Local Investigation by the Commission: Evidence not taken on the evidence taken before the court for clarification

1981 C L C 368

[Azad J & K]

Before Sardar Muhammad Sharif Khan, J

HAV. MUHAMMAD HUSSAIN KHAN‑Petitioner

versus

SAID MUHAMMAD KHAN AND OTHERS‑Respondents

Civil Revision No. 36 of 1977, decided on 12th October, 1977.

Civil Procedure Code (V oh908)‑

‑‑ O. XXVI, r. 9 read with O. XLI, r. 27 & S. 107‑Local inspection Dispute whether land in dispute falls in one survey number or another‑Demarcation of land required by metes and bounds Appellate Court, held, has power to issue commission for local investigation‑Aim of local investigation by commission: to elucidate point not made clear on evidence taken before Court.

Chitley & Appu Rao on Code of Civil Procedure, Note 2, rule 9, O. XXVI ref.

Chitley & Appu Rao on Code of Civil Procedure, VII Edn., p. 3558, Note 1, rule 27 O. XLI ref.

S. Said Muhammad Khan for Petitioner.

Raja Sher Muhammad Khan for Respondents.

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