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ABU-UL-FAZAL versus MEHMOOD


Civil procedure Code Order XXVI of CPC commissions (Commission for Investigating Witnesses) OXXVI, R 9 and Section 115 Dispute regarding the right of the plaintiff's application for appointment of a local commissioner, disposed of by the trial court despite the number of hearings Not gone Failure to decide the question of the appointment of a local commissioner has a deliberate effect on the entire decision of his entire suit where the right of way was claimed on a particular land, and the opposing party denied such claim, Rather, it denied the existence of any such route. , It was not only necessary but also a legal requirement to resort to O XXVI, R 9, CPC to ascertain the presence and location of the alleged route, failure to conduct such course through local inquiry by the court. Also appears on the judgment given. Otherwise, local investigations may be considered the best evidence of a fair decision on the matter. In order to investigate this matter, a local commissioner has been appointed to investigate the matter, which can confirm the truth or to decide the case in another way and to decide the case. Subsequently all the evidence, oral or documentary documents, is presented. In addition to the reports of the Commissioner appointed by such parties

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