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ZAINULLAH vs HIZBULLAH O — 2022 PLD 81 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PLD 81 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PLD
Parties
ZAINULLAH vs HIZBULLAH O
Subject matter
Criminal
Provisions referred to
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

ZAINULLAH VS HIZBULLAH O. XXVI, R. 9---Local Commission---Scope---Suit for declaration and injunction---Local commission was appointed with the consent of parties---Court below concurrently dismissed the suit---Petitioners/ plaintiffs contended that judgment of both the Courts below were based on report of local commission and the Courts out rightly ignored the evidence on record; that before final decision, Courts did not decide two applications filed by the petitioners under O. VI, R. 17 read with O. XXIII, R. 1 of the Civil Procedure Code---Validity---Judgments of both the Courts below were based upon report of local commission and considered the report as arbitrator report---Distinction existed between arbitrator and a referee---Local commission was not mandated powers of arbitrator, rather he was only directed to inspect the site and submit report---Consent of parties for appointment of local commission did not mean that parties appointed the local commissioner as sole arbitrator---Miscellaneous applications should be decided first then the main case---Courts below neither dilated upon the case of the parties in light of evidence nor considered the same---Court was to state its finding/ decision on each issue separately---Revision petition was accepted accordingly. Head NotesCase Description

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