Law:

Section:

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), S.151---Suit for specific performance of agreement to sell---Petition for ejectment of tenant---Consolidation of eviction petition and civil suit---Application for consolidation of civil suit with eviction petition was dismissed---Validity---Apprehension of conflict findings existed in the cases pending between the parties on similar issues---Matters were at preliminary stage and same could be decided together by consolidation---No bar had been provided in relevant laws to proceed an eviction application by adopting procedure laid down under Civil Procedure Code, 1908---Civil court might not act as Rent Controller while proceeding with such a case---Trial in the eviction application was a sort of inquiry affording the parties an opportunity of hearing---Other procedure laid down in Islamabad Rent Restriction Ordinance, 2001 was summoning and enforcing the attendance of the witnesses and examining them on oath---Compelling the discovery and production of documents and other material evidence or issuing a commission for the examination of witnesses were powers already exercised by the civil court---If any other power was exercised while deciding eviction application for which no bar was provided by law then it would not make Islamabad Rent Restriction Ordinance, 2001 redundant---Scope of such law was not deemed to be inadequate if civil suit was tried together with the eviction application---Impugned order passed by the Trial Court was not tenable under the law which was set aside---Application for consolidation of cases was accepted---Trial Court was directed to proceed with all the cases after consolidation of cases and commence proceedings from the stage where the same were left---Revision was accepted in circumstances. 1995 MLD 265; PLD 2012 Lah. 490 and PLD 1999 SC 1101 distinguished. (b) Administration of justice--- ----Law had developed to root out the miseries and not to increase the same. ORDER NOOR-UL-HAQ N. QURESHI, J.--- Through the instant civil revision, the petitioner has prayed for setting aside impugned…

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