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Civil Revision No. 1403‑D of 1979, decided on 13th April, 1980.
O. XXVI, r. 9‑Local Commissioner‑Report of Local Commis sioner‑Not binding on parties nor Court obliged to decide dispute in terms thereof‑Parties undertaking to be bound by finding of Local Commissioner and agreeing upon his report beind final‑Held, position of such Local Commissioner that of a referee and his report to be treated as verdict of a referee.‑[Local Commissioner].
‑‑ Ss. 10 & 37‑‑Suit‑Contract entered into by parties as to manner in which suit between them would be decided‑Held, not illegal‑Parties undertaking to be bound by verdict of Local Commissioner appointed on their request‑No valid exception can be taken to disposal of suit on basis of report of such Local Commissioner‑Civil Procedure Code (V of 1908), O. XXVI, r. 9.‑[Local Commissioner].
Mt. Akbari Begum v. Rehmat Hussain and others A I R 1933 All. 861 rel:
Muhammad Akbar and another v. Muhammad Aslam ' and another P L D 1970 S C 241 distinguished.
Kh. Muhammad Farooq for Petitioners.
Raja Aziz‑ud‑Din Ahmad for Respondents.
Date of hearing : 10th February, 1980.
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