Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979) --------- ----------S. 21 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Eviction petition --------- Appeal against interim order --------- Maintainability --------- Constitutional jurisdiction --------- Scope --------- Tenant filed application for recalling of order whereby his right to cross-examine was closed by Trial Court due to his non-appearance, and appellate court dismissed appeal against order of dismissal on ground that appeal was not permissible against interim order under S. 21 of Sindh Rented Premises Ordinance, 1979 --------- Contention raised by tenant was that order passed on his application, whereby his right to cross-examine had been closed, was final order --------- Validity --------- Impugned order closing right of cross-examination was an "interim order" and the same was not appealable in terms of S. 21 of Sindh Rented Premises Ordinance, 1979 --------- Section 21 of Sindh Rented Premises Ordinance, 1979 had specifically prohibited appeal against interim order --------- When Legislature did not intend to make interim order challengeable, going against said arrangement by exercising Constitutional jurisdiction would not be proper because in that case object of Legislature would be frustrated --------- Tenant would have right to appeal against impugned interim order along with final order of Rent controller --------- Constitutional petition was dismissed in circumstance. (b) Constitution of Pakistan --------- ----------Art. 199 --------- Constitutional jurisdiction of High Court --------- Scope --------- When Legislature did not intend to make interim order challengeable, going against said arrangement by exercising Constitutional jurisdiction would not be proper because in that case object of Legislature would be frustrated. The Eastern Express Company Ltd. v. Messrs Haji Khushi Muhamdm 1995 MLD 470; Lion Paper Industries (Pvt.) Limited v. Mrs. Sabiha Rizwan 2001 YLR 3014; Mst. Seema Begum v. Muhammad Ishaq PLD 2009 SC 45; Mst. Raheela Yasmeen v. Muhammad Iqbal 2010 CLC 935; Mehmood Ahmed v. State Life Insurance Corporation of Pakistan 1998 CLC…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492