How to appoint commission in civil cases. Civil main commission kese appoint kia jata hai.
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| Judgments , citation on local commission |
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| Case laws and judgements process of local Commission in civil court |
When and why is the commission (local commission) appointed in civil cases?
Process of Local commission Under order 26 CPC
Getting justice is the basic right of every human being and the court fulfills this duty very well. Sometimes court and civil
The cases have to be investigated in order to know the facts and for the determination of the principles of justice, the court appoints a competent commission under section 75 of the Civil Code and its procedure is laid down in order 26.
(1): Appointment of the Commission:
The Court has the power to issue a commission under Section 75 of the Air Code, which shall be in the following cases
(a) To take statement of witnesses? (c) To check calculations? And
(b) For local investigations
(1) For distribution of property.
Validity of Commission Report:
The report of the commission is not a decision but an inquiry which provides information to the court, only the court can decide any revision. The report of the commission is only testimony and not a decision. The Commission is always a neutral person and the opinion he will form
The seal of impartiality will be registered.
Commission to take statement of witnesses:
But the court has the authority in every case to take the statement of those persons who live within the territorial limits of the court's territorial jurisdiction but are excused from appearing in the court under this civil code or cannot be present due to some illness or physical disability to appoint a commission to question these witnesses according to the case and record their statement.
(2): Order for Commission:
Court of its own motion or on behalf of any party on written application with affidavit or otherwise or witness whose testimony
Appointing Commission may issue orders on behalf of the applicant.
(3): Commission for Local Inquiry:
If it deems it necessary or appropriate for the disclosure of the truth of any disputed matter in a case or for the determination of the market value of any person or for the purpose of investigating any net profit or loss or annual net profit, the court shall have the power to order the names of any person whom it may
Laws and rights of citizens
The appointment of a commission in civil cases shall issue a commission to me and order that a report be submitted to the court mentioning the investigation, but the condition is that when the provincial government has laid down rules for the purpose of which persons the commission should be issued, then the court will have to abide by these rules.
(4): Procedure of Commission in Local Inquiry:
The Commissioner of Local Investigation who considers two essentials and Shahadat
After recording, the witness shall be ported to the court by recording his signature
I will send. The report and testimony of the Commissioner (but not testimony without the report) shall be and shall be adduced as evidence in the case, but the Court or any of the parties to the case shall, with the leave of the Court, be authorized to question the Commissioner himself in respect of any matter to which he is appointed to investigate or which is mentioned in his report or in open court as to the procedure for the investigation. If the Court is not satisfied with the action of the Commissioner for any reason, the Court has the power to order such further investigation as it thinks fit.
Export.
(5): Commission for Scrutiny of Accounts:
In any case in which the audit or suspension of accounts is necessary, the Court shall have power to appoint such person as it thinks fit by the competent commission to audit or enforce the accounts.
(6): Necessary Instructions for Eligible Commission:
It is necessary for the court to send the necessary documents and instructions to the commissioner and write in a clear order that the commissioner should send only his proceedings which are written for the purpose of investigation to the court or his opinion regarding the matter under investigation.
He is ordered to write.
(7): Commission for distribution of immovable property:
If any preliminary decree has been issued for partition, not mentioned in section 54, the court may appoint such person as a commission as it thinks fit to distribute or alienate the rights in accordance with the said decree.
Export.
(8): Procedure of Commission, in distribution of immovable property:
The Commissioner shall, after necessary inquiry, divide the property into such portions as may be directed in the order under which the commission is issued and assign such shares to such persons and, if the order so permits, equalize the value of the shares.
Also suggest the amount to be paid. The Commissioner shall draw up and sign the report (if the commission has been issued to more than one person and they have not agreed on one opinion) then all the Commissioners shall draw up their signatures separately in Warpur and also set a separate part for each person in the report.
Speech of earnings in civil cases
and (if so required) to establish the inclusion and limits of each part, and to attach to the commission in the part bar por.
will be sent to the court. And the court after receiving the objections of the parties to such report or reports shall confirm or modify or reject them. If the court confirms or examines or disputes the report, then the Supreme Court will issue a certificate in accordance with this confirmation or amended report, but if the report is rejected, then the court itself will issue a certificate or the appropriate knowledge.
Khe will issue.
(9): Powers of the Commission:
Every commission appointed under this order and not directed by the court in terms of this order, the commissioner shall be authorized to (a) the parties and any witness whom he or any of these duties may produce and any other person whom the commissioner may think fit to give evidence.
Superior Courts Judgements and case laws
Court khud bhi commission maqarar Kar sakti hai or court ke liye order 26 rule 1 and 4 CPC koi condition nahi hai
2019 MLD 84
Agar gwah beemar hu ya court main pesh honey ke qabal nah hu local Commission maqarar kia ja sakta hai.
2018 YLR 363
Agar seller ( farokhat karne wala) kisi beemari ki wajah se registrar ke samne pesh na hu sakta hu ,tu iss baat ka saboot dena buyer ki zimadari hai Registrar bghair wajah ke ahal e Commission appoint na kar sakta hai.
2017 YLR 794(c)
Commission ki opinion court per qabal e pabndi nahi hai.
PLD 2017 Peshawar 14
Local Commission ko batoor gwah bulana lazmi na hai
2016 CLC 1202
Appointment of local Commission ki application kharaj honey ke khalaf appeal na hu sakti hai.
PLD 2011 Peshawar 53
Faisla Karne ka court ka ikhtiar local Commission ko nahi dia ja sakta hai
PLD 2011 L 207
2004 CLC 1229
Parties ki razamandi se bhi commission maqarar kia ja sakta hai
2009 CLC 459
Court az khud bhi commission maqarar Kar sakti hai
2009 PLD SC 16 (d)
Agar parties ne commission ki report ko accept karne ki undertaking di hu ,
Tu commission ki report referee ka faisla tasawar ki Jai gi.
2009 SCMR 594
2003 SCMR 1911
Court Kisi gwah ki shahadat record Karne ke liye commission maqarar Kar sakti hai
PLD 2008 k 239
Commission ki report qanooni shahadat ka mutbadal na hai, or na hi Sirf local Commission ki report ke Bina per case ka faisla kia ja sakta hai
2008 CLC 632
Commission May be appointed for area and dimension of property
2007 YLR 647
2006 CLC 1488
2004 MLD 1107
Property ki value ka hisaab lagane ke liye bhi commission maqarar kia ja sakta hai
2007 CLC 857
1998 SCMR 730
Agar Kisi mamla ka faisla shahadat ke Bina per hu sakta hai, tu us ke liye commission maqarar Karne ke zaroorat nahi hai
2007 CLC 1176
2006 MLD 1457
2004 SCMR 1292
Commission ki likhi hoi report or shahadat dawa ki evidence hai
2007 CLC 1661
2006 YLR 2513
Right of easement ki violation key liye bhi commission maqarar kia ja sakta hai
2006 CLC 1028
Commission Sirf us sorat maqarar hu ga agar gwah Kisi bemari ya kisi or maqool wajah se court main pesh na hu sakta hu
2006 CLC 1053
2004 YLR 1876
Commission report court per qabal e pabndi nahi hai 2006 MLD 1314
Through commission shahadat record honey ke sorat main mukhalif party ko jirah ka Haq hasil hai
2005 CLC 1264
Agar parties notices Karne ke bawajood bhi na aain tu commission order 17 rule 2 CPC ki karwai Kar sakta hai
2005 CLC 1264
Commission maqarar Karne ke liye notice dena lazmi na hai
2004 CLC 1875
2002 CLC 468
Dawa taqseem jaidad main local Commission ki report ke Bina per final decree pass na ki ja sakti hai
2004 YLR 1364
Execution court ko order 26 CPC ke tehat commission maqarar Karne ka ikhtiar nahi hai
PLJ 2004 L 528
2004 MLD 402
Commission ki appointment se pehle dosri party ko notice dena lazmi hai
2004 CLC 1875
2002 CLC 468
Parties ke itraz ki Adam mojodgi main commission report ke mutabaq dawa ka faisla drusat tasleem hu ga
2004 YLR 1364
Application under section 2 partition act ki adam mojodgi main property ki value ke hissab karne ke liye commission maqarar na kia ja sakta hai
2003 MLD 338
Kisi jaga ki measurements karne ke liye commission maqarar kia ja sakta hai magar court commission ko title ke faisle ka akhtiar nahi de sakti
2003 CLC 122
Kisi case ka faisla karna court ka judicial function hai , ju ke local Commission ko nahi dia ja sakta
2003 CLC 122
Through commission shahadat record honey ke sorat main mukhalif party ko jirah ka Haq hasil hai
2003 CLC 1151
Kisi property ki market value maqarar Karne ke liye commission maqarar Karne ke zaroorat nahi hai
PLJ 2002 L 1638
Commission maqarar Karne se pehle mukhalif party ko notice na dene ke sorat main commission ki appointment illegal nahi hu gi
2002 CLC 468
Local Commission ko batoor gwah pesh karna lazmi na hai
PLD 1998 L 338
PLJ 1998 L 464
Agar Kisi party ji taraf se commission ki report per itraz dakhal na kia gia hu tu case ka faisla commission ki report ke mutabaq hu ga
1996 CLC 580
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