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MAHBOOB KHAN versus ABDUR RASHID

The Civil Procedure Code Order XLI of the CPC Appeal decided the appeal before the original decrees OXXVI, R 9, O XLI, R 27 and section 100 based on the previous report of the local commissioner which the court set aside. And a new local commissioner. The first appellate court was appointed to present the latest report. The first appellate court had no legal authority to jointly hold both reports and search the facts. Even the first appellate court could not base its finding on a document that was not part of any evidence on record without admitting such a document as additional evidence, giving the other party the opportunity to refute the same. And recorded the reasons for the admission as additional evidence of such a document. The decision in the appeal presented by the first appellate court, thus, based on the facts and the complete misdirection of the legal position, both courts had erroneously prevented themselves from relying on the evidence which could not be relied upon. Deciding the question of fact involved in the case, the trial court has thus been sent to trial for illegal and jurisdictional use of material irregularities. Appointment shall be made to examine the land under trial in accordance with the provisions of the Court Rules and Orders. famous supreme court advocate from Arifwala lawyer