Law: Civil Procedure Code (V of 1908)

Section: 115, O. XLI, r. 27

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15(3)

  Civil Procedure Code (V of 1908) S. 115 anti O. XLI, r. 27 read with West Pakistan Urban Rent Restriction Ordinance (us of 1959), S. 15(3)-Additional evidence Additional District Judge, suo motu, recording statement of husband o! landlady in terms of S. 15(3) of Ordinance and permitting tenant to produce documents and 'other evidence in rebuttal thereof-Held, impugned order not open to any valid exception.-[Evidence].                                                                                                 ORDER This civil revision is directed against an order of an Additional District Judge who, while acting as an appellate authority, recorded the statement of the husband of the respondent-landlady, Mst. Dilshad Begum as additional evidence in an appeal filed against her by the petitioner. Muhammad Asbiq. The said appeal was preferred by the petitioner to call in question an order of ejectment passed against him on the ground of personal need of the respondent. 2. Learned counsel for the petitioner contended that the statement of the husband of the respondent was recorded by the learned Additional District Judie suo motes and not on an application of the respondent. The argument proceeds, that her husband was neither a party to the ejectment proceedings nor he was an attorney of the respondent and, therefore, he had no locus standi to make an application. Learned counsel for the petitioner produced a copy of the application made by the respondent's husband which shows that he had filed the application in obedience to the order of the learned Additional District Judge. Even if there was no such order, was not necessary that there should be an application by a…