ZAHID MEHMOOD vs Malik MUHAMMAD FAHAD S — 2022 CLC 1719 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 1719 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: ZAHID MEHMOOD vs Malik MUHAMMAD FAHAD S
Subject matter: Civil
Provisions referred to: S. 75; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAHID MEHMOOD VS Malik MUHAMMAD FAHAD S.75 & O.XXVI, R.9---Execution proceedings---Suit for permanent/mandatory injunction filed by respondents claiming that they were owners of land and the petitioners/defendants intended to demolish the construction raised on the said land---Suit was dismissed on basis of the statement/undertaking of petitioners---Respondents then moved an application under O.XXI, R.32 of C.P.C.---During pendency of the said application, respondents also filed an application seeking appointment of local commission for the purpose of demarcation at the site which was accepted---Petitioners filed revision petition against said order which was dismissed by District Court---Petitioners contended that executing court was not vested with any authority to appoint a local commission---Held, that language of the provisions of O.XXVI, R.9 of Civil Procedure Code, 1908 were manifestly clear that power of the court to appoint local commission was restricted to the proceedings in the suit---Executing court was not a civil court and the same could not appoint local commission during the execution proceedings---Constitution petition was allowed accordingly.

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