Law: Code Of Civil Procedure, 1908.

Section: 6

Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17

Law: Constitution of Pakistan, 1973

Section: 199

Case Summary The petitioner challenged the Rent Controller's order dismissing his application under Order XII Rule 6 CPC seeking judgment on admission in several eviction petitions. The dispute concerned commercial property (Photohar Plaza, Blue Area, Islamabad) jointly owned by the petitioner and respondents. During cross-examination, the respondents' attorney admitted that no written rent agreement existed between the respondents and the petitioner or the tenant. Relying on this statement, the petitioner sought dismissal of the eviction petitions through judgment on admission. The Rent Controller dismissed the application, and the High Court upheld that decision. The Court held that an admission made during cross-examination is not an admission within the meaning of Order XII Rule 6 CPC, which applies to clear and unequivocal admissions contained in the pleadings. The Court further held that the Code of Civil Procedure is not strictly applicable to rent proceedings, and that the impugned order was merely an interlocutory order, causing no irreparable prejudice and therefore not amenable to constitutional jurisdiction. Consequently, all writ petitions were dismissed. Tagline Admission during cross-examination is not a judgment-on-admission under Order XII Rule 6 CPC; interlocutory rent orders are ordinarily not open to constitutional challenge. ORDER; This order shall decide the above titled writ petition as well as the writ petitions mentioned in Annexure-A as all these writ petitions involve similar question of facts and law. In all the writ petitions, the petitioner has assailed the order dated 03.03.2025 (“Impugned Order”), passed by the learned Rent Controller Islamabad-West (“Rent Controller”), whereby an application under Order XII, Rule 6, CPC, filed by the petitioner in all the eviction petitions has been dismissed. Brief facts are that respondents No.1 & 2 are real brother of the petitioner and co-owners of the property in dispute i.e Photohar Plaza, Unit No.9, Fazal Haq Road, Blue Area, Islamabad, whereas respondent No.3 in all the petitions is tenant of the petitioner. Respondents No.1 & 2 filed an eviction…