Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15 (4)

  (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 (4)-Appeal under S. 15 (4)-Abatement-Death of party pending appeal-Legal representatives not brought on record within time prescribed and in accordance with provisions of C. P. C.-Appeal abates-Civil Procedure Code (V of 1908), O. XXII, r. 4. A second appeal was filed in the High Court under section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959. During the pendency of appeal the respondent died and his legal representatives were not brought on record within the prescribed time. The High Court dismissed the appeal as abated. In Letters Patent Appeal it was urged that the Civil Procedure Code, 1908 did not specifically apply to proceedings under the Ordinance and therefore the question of abatement did not arise: Held, the explanation to subsection (4) of section 15 of the West Pakistan Urban Rent Restriction Ordinance lays down that an appeal under this subsection shall be heard and determined as an appeal from an original decree under section 96 of the C. P. C., 1908, if it is from an order of the Controller and us art appeal from the appellate order under section 100 of the said Code if it is from an order of the appellate authority, and the provisions of Part VI and of the First Schedule to the said Code relating to appeals shall; with such modifications as context may require, apply to such proceedings. Now, the subject of "Appeals from original decrees" is dealt with in Order XLI contained in the First Schedule to the Code of Civil Procedure, at the subject of "appeals from appellate decrees" is dealt with in Order XLII of the same Schedule. Thus when acting as an appellate authority under sub section (4) of section 15 of the Ordinance, the High Court is to deal with the appeals in accordance with the provisions of Order XLI or Order XLII of the Code as the case may be. By virtue of Order XLII the rules of Order XLI apply, so far as may be to appeals from appellate decrees. The provisions of abate ment under Order XXII, C. P. C. are procedural exigencies arising out of incidents of death in suits and appeals. By virtue of rule 11 of Order XXII,…