1981 CLC364 (PLP)
Before Muhammad Ilyas, J Versus MUHAMMAD AKBAR AND 5 OTHERS‑Respondents
| Citation | 1981 CLC364 (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Ilyas, J |
| Parties | Before Muhammad Ilyas, J Versus MUHAMMAD AKBAR AND 5 OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1981 CLC364 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 CLC364 (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Ilyas, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 CLC364 (PLP) (Before Muhammad Ilyas, J Versus MUHAMMAD AKBAR AND 5 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Kh. Muhammad Farooq for Petitioners.
- Raja Aziz‑ud‑Din Ahmad for Respondents.
- Date of hearing : 10th February, 1980.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ O. XXVI, r. 9‑Local Commissioner‑Report of Local Commis sioner‑Not binding on parties nor Court obliged to decide dispute in terms thereof‑Parties undertaking to be bound by finding of Local Commissioner and agreeing upon his report beind final‑Held, position of such Local Commissioner that of a referee and his report to be treated as verdict of a referee.‑[Local Commissioner]. (b) Contract Act (IX of 1872)‑ ‑‑ Ss. 10 & 37‑‑Suit‑Contract entered into by parties as to manner in which suit between them would be decided‑Held, not illegal‑Parties undertaking to be bound by verdict of Local Commissioner appointed on their request‑No valid exception can be taken to disposal of suit on basis of report of such Local Commissioner‑Civil Procedure Code (V of 1908), O. XXVI, r. 9.‑[Local Commissioner]. Mt. Akbari Begum v. Rehmat Hussain and others A I R 1933 All. 861 rel: Muhammad Akbar and another v. Muhammad Aslam ' and another P L D 1970 S C 241 distinguished.
Judgment & Decree
O. XXVI, r. 9‑Local Commissioner‑Report of Local Commis sioner‑Not binding on parties nor Court obliged to decide dispute in terms thereof‑Parties undertaking to be bound by finding of Local Commissioner and agreeing upon his report beind final‑Held, position of such Local Commissioner that of a referee and his report to be treated as verdict of a referee.‑[Local Commissioner]. (b) Contract Act (IX of 1872)‑ ‑‑ Ss. 10 & 37‑‑Suit‑Contract entered into by parties as to manner in which suit between them would be decided‑Held, not illegal‑Parties undertaking to be bound by verdict of Local Commissioner appointed on their request‑No valid exception can be taken to disposal of suit on basis of report of such Local Commissioner‑Civil Procedure Code (V of 1908), O. XXVI, r. 9.‑[Local Commissioner]. Mt. Akbari Begum v. Rehmat Hussain and others A I R 1933 All. 861 rel: Muhammad Akbar and another v. Muhammad Aslam ' and another P L D 1970 S C 241 distinguished. Kh. Muhammad Farooq for Petitioners. Raja Aziz‑ud‑Din Ahmad for Respondents. Date of hearing : 10th February, 1980.