RIAZ AHMAD DIWANBEGI vs MST — 2026 YLR 1094 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 YLR 1094 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: YLR
Parties: RIAZ AHMAD DIWANBEGI vs MST
Subject matter: Civil
Provisions referred to: S. 75

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

RIAZ AHMAD DIWANBEGI VS MST. SAEEDA FAYAZ S. 75 & O. XXVI---Local Commission, appointment of---Pre-requisites---Application of the petitioners for appointment of Commission was concurrently dismissed---Validity---Once it was established that the predecessor had no legacy on the eve of his death, there appeared no justification to determine as to how much property was owned by him---If a matter could be decided on direct evidence, a Local Commission could not be appointed to collect additional evidence---Recording of additional evidence is discretionary power, however, the same is not absolute and unfettered---A Local Commission could not be appointed so as to provide leverage to a party to plug gaps in its evidence---High Court directed the Executing Court to complete the proceedings of final decree---Civil revision, being merit-less, was dismissed.

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