LAHORE: The Lahore High Court has held that a court could decline to appoint a local commission for inspection of a site.
The court has discretionary power vested in it and it is for the court to decide whether the matter required site inspection or not, the court added.
The court also observed that where a court exercises its discretion, this court ordinarily does not interfere in the matter.
The court can only look into a matter where illegality or jurisdictional defect is pointed out and it is also shown from the record that unless timely interference is made by a superior court, the same shall result in further loss to the aggrieved party.
The court passed this order in a petition of one Allah Bakhsh challenging the decision of a lower court which declined to appoint a local commission to inspect the property and file report regarding physical position of disputed place and construction over there.
The court said, in the present case no such illegality, jurisdictional defect or prejudice to the petitioners has been pointed out and the petition at this stage is premature and not proceedable any further.
The court declared that the impugned order does not suffer from any illegality or jurisdictional defect, misreading and non-reading of the record for this court to warrant interference in the same at this stage.
The court dismissed the petition for being not maintainable and added that that any observation made in this order shall not be an impediment or hindrance in the way of the court, which has cognizance of the matter, the court concluded.
Copyright Business Recorder, 2026
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