Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 15(1)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 15(1)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 12(2),Preamble

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 15(1)---Civil Procedure Code (V of 1908) S.12(2) & Preamble---Law Reforms Ordinance (XII of 1972), S.3(2), proviso---Constitution of Pakistan, Art. 199---Intra-Court appeal---Maintainability---Tribunal constituted under special statute of limited jurisdiction (West Pakistan Urban Rent Restriction Ordinance, 1959) could borrow equitable principles from C.P.C.---Appellant's Constitutional petition against order of Rent Controller on application under S.12(2), C.P.C. was dismissed on the ground that the appellant/petitioner had an alternate remedy of appeal under S.15(1) of the West Pakistan Urban Rent Restriction Ordinance, 1959---Contention of the appellant/petitioner was that since the application was filed under the provisions of S.12(2) C.P.C., and since no appeal was provided in the C.P.C., therefore, an order passed on such application would be a final order and the provisions of C.P.C. would apply thereto---Validity---West Pakistan Urban Rent Restriction Ordinance. 1959 was a special law and there was no restriction of importing broad principles of equity and civil procedure provided in the C.P.C. to regulate proceedings under special statutes, including the West Pakistan Urban Rent Restriction Ordinance, 1959---As there existed no specific provision for setting aside award of Rent Controller on grounds of fraud, the Rent Controller could assume the jurisdiction and regulate its proceedings by borrowing the broad and equitable principles of S.12(2), C.P.C.---"Original statute" in the present case would be the West Pakistan Urban Rent Restriction Ordinance, 1959, which provided an appeal under S.15(1) to the District Court---In presence of such provision of proviso to S.3(2) of the Law Reforms Ordinance, 1972 was attracted to the case and intra-court appeal was therefore, not maintainable---Intra-court appeal was dismissed in circumstances. Allah Ditta and others v. Muhammad Hussain PLD 1965 (W.P.) Lah. 29; Mst. Sarwari Begum v. Jabbar alias Lolia PLD 1965 (W.) Lah. 32; Ahmad and others v. The Additional District Judge, Sargodha and others PLD 1990 Lah. 425 and Ch. Shaukat Hussain…

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