| Case ID |
2e8a1fa4-e7a2-4625-ab1b-c29babdbc74a |
| Body |
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| Case Number |
Civil Revision No. 685 of 1990 |
| Decision Date |
Apr 24, 1995 |
| Hearing Date |
Apr 24, 1995 |
| Decision |
The Lahore High Court determined that the Local Commissioner was not required to be examined as a Court witness, and the defendants had failed to cross-examine him despite having the right to do so. The Trial Court had no option but to accept the report of the Local Commissioner as it had not been rebutted by either side. The Court emphasized that where sufficient material exists to decide a case on merits, remanding it merely prolongs the agony of the parties involved. Consequently, the order of remand by the Appellate Court was set aside, and the case was remitted for a decision on merits based on the existing record. |
| Summary |
In the case of Civil Revision No. 685 of 1990, the Lahore High Court addressed issues surrounding the role of a Local Commissioner in civil proceedings. The case arose from a dispute over land ownership and the construction of a wall adjacent to the Government College of Commerce in Sahiwal. The petitioners sought a permanent injunction against the respondents, who allegedly interfered with their property. The Court ruled that the Local Commissioner’s report, which was not cross-examined by the defendants, stood as valid evidence. The ruling highlighted the procedural nuances of the Civil Procedure Code, particularly regarding the examination of Local Commissioners and the implications of remanding cases without sufficient grounds. This decision reinforces the principle that procedural rules must be adhered to, ensuring that justice is not delayed unnecessarily. Keywords include Lahore High Court, Civil Procedure Code, Local Commissioner, land ownership dispute, permanent injunction, and procedural law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR ALAM KHAN, J
|
| Lawyers |
Ch. Imdad Ali Khan,
Akhtar Masood Ahmad,
Muhammad Safdar Yasin
|
| Petitioners |
ZAHEER.URDIN and others
|
| Respondents |
Mst. KHURSHIDA BEGUM
|
| Citations |
1996 SLD 1374 = 1996 CLC 580
|
| Other Citations |
Akbar Ali and others v. Province of Punjab and others 1990 CLC 718,
Pramatha Nath Chowdhury and 17 others v. Kamir Mondal and others PLD 1965 SC 434,
Arshad Amin v. Messrs Swiss Bakery and others 1993 SCMR 216,
Muhammad Bakhsh v. Mst. Iqbal Begum and others 1989 MLD 313,
Syed Faqir Hussain Shah Bokhari v. Mst. Asmat Bibi and others 1993 CLC 1388,
Qurban Ali v. Hoor Bux and 2 others 1991 CLC 248,
Mian Muhammad Latif and others v. The Lahore Improvement Trust and others 1985 CLC 2960
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
XXVI, R. 10(2),
XLI, R. 23,
S. 115
|