Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13-Ejectment-Order of eviction based on evidence produced by landlord-No argument advanced to show order being not support­ed by evidence-Order, held, must be assumed to be based on evidence: sufficient to support eviction. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 read with Civil Procedure Code (V of 1908), O. IX, r. 13 ­Ex parte order, setting aside of-Contention that tenants at all stages alleged service having been fraudulently effected, and fraud vitiating all proceedings, tenants-appellants entitled to challenge ex parte order of eviction at any stage--Held, even on assumption of order being obtained fraudulently, order had to be challenged in manner prescribed by law - Rent Controller in dismissing application for setting aside ex parte decree observing that despite pleading fraud appellant appearing as witness before him did not say a word about fraud-Evidence neither misread by Rent Controller nor such finding being one of fact liable to be reopened in Supreme Court, contention not tenable. (c) Civil Procedure Code (V of 1908)- 0. V, r. 17-Summons, service of-Contention that service by affixa­tion by serving officer without approval of Rent Controller being contrary to rule was no service-Rent Controller's order deciding case to proceed ex parte, held, amounted to approval of service effected on appellants. (d) Civil Procedure Code (V of 1908)- -- O. V, r. 17-Service by affixation-Rule not penal-Applicable to proceedings before Rent Controller-Does not fetter discretion of serving officer to effect service by affixation if conditions prescribed in rule satisfied-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-[Siraj Din v. Iqbal Begum P L D 1968 Lah. 639 overruled]. Khadim Mohy-ud-Din and another v. Ch. Rehmat Ali Nagra and another P L D 1965 S C 459 ref. Siraj Din v. Iqbal Begum P I, D 1968 Lah. 639 overruled. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13 read with Civil Procedure Code (V of 1908), O. V, r. 17-Rent Controller not bound by Civil Procedure Code, 1908-Question of procedure, especially…

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