Appointment of a licensed architect or engineer to visit the site and demarcate the plaintiffs’ property, together with appurtenances, if any, with the necessary aid and assistance of the city survey staff

(2000 SCMR 91) 

“ None of the above, can be construed to be an impediment invocable against the impugned judgment. The only thing amiss in the original and the appellate judgments lies in the possibility that completed justice, in accordance with law, may not have been done. Thus, while it was for the plaintiffs to have established the dimensions of their property and while the plaintiffs could succeed only on the strength of their own case, as distinguished from any weakness in the defence, the material on the record suggests that there may have been a piece and parcel of land, catering to an easement, either belonging to one or the other party or both of them, should have embarked upon an inquiry of their own to determine the actual extent of the plaintiffs’ land and the easementry attachments, if any, belonging to either or both of the parties. This, therefore, was fit case for appointment of a licensed architect or engineer to visit the site and demarcate the plaintiffs’ property, together with appurtenances, if any, with the necessary aid and assistance of the city survey staff but, initially, at the expense of the plaintiffs, because it is they who had approached the Court for relief. For such purpose the High Court appeal is remanded. The needful may be done by the Division Bench within four months of the communication, whereafter, depending upon the emerging circumstances, such Bench may either maintain  its earlier findings or come to a different conclusion. This appeal, accordingly, stands allowed in terms, but with no order as to costs.”

 Part of Judgment 

 IN THE LAHORE HIGH COURT,LAHORE JUDICIAL DEPARTMENT

Civil Revision
1803-10

2017 LHC 4755