1999 CLC 400 PESHAWAR-HIGH-COURT

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SALEEM-UR-REHMAN VS N.-W.F.P. Civil Procedure Code --Order XXVI of C.P.C. Commissions (Commissions to Examine Witnesses)--9 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15(5)---Civil Procedure Code (V o; 1908), O,XXVI, R.9--- Approbate and reprobate---eviction petition ---Tenant in his written statement had claimed superstructure or rented shop was owned by him---Tenant had filed suit regarding improvements in the property ---Ejectment order was passed against the tenant---Appellate Court instead of finally concluding matter, directed with consent of counsel for both parties a commission to assess value of superstructure---Validity---Consenting parties would be estopped by their conduct to agitate matter till final adjudication had been made in appeal--Appellate Court had followed equitable principles of law to avoid multiplicity of litigation at the request of both parties---Appellants, thus, could not approbate and reprobate.