Law: Civil Procedure Code (V of 1908)

Section:

(a) Civil Procedure Code (V of 1908)------   -----Prior to amendment effected by Code of Civil Procedure (Amendment) Ordinance (XLIV of 1962)], Ss. 96, 2 (2) and O. XXI, rr. 97-99-Order passed in execution proceedings under rr. 97-99, O. XXI-Not appealable.   (b) Civil Procedure Code (V of 1908)------   ----S. 47-Question not arising between parties to suit or their representa tives-Provisions not applicable.   (c) Code of Civil Procedure (Amendment) Ordinance (XLIV of 1962)----   ----S. 59-"Pending proceedings"-Means pending pro ceedings which are competent under law-Incompetent proceedings cannot be treated as "pending proceedings" for purposes of S. 59.   (d) Limitation Act (IX of 1908)------   ---S. 14-Bona fide mistake on part of senior counsel-Appeal can be treated as revision and delay, if any, condoned. JUDGMENT   This revision petition is directed against an order passed by Mr. Jamil Asghar, District Judge, Lahore, on the 30th of October 1962. Briefly, the facts are that the respondent Muhammad Hafeez filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, for the ejectment of respondent No. 2, Muhammad Din. This application was accepted on the 27th of February, 1960, by Mr. Ishaq Rahim Bakhsh, Senior Civil Judge, Lahore, acting as Rent Controller. The two petitioners Abdur Rashid and Mst. Hashmat Bibi, went up in appeal against that order, but the same was dismissed on the ground that the petitioners were not parties to the ejectment proceedings initiated by the respondent Muhammad Hafeez. The petitioners then moved an application under section 476 of the Criminal Procedure Code, praying that action be taken against respondent Muhammad Hafeez and his guardian-ad-litem Abdul Majid for suppressing true facts from the Court regarding the tenancy of the petitioners. This application was also dismissed and the petitioners were advised to move under Order XXI, rule 99 of the Civil Procedure Code. Accordingly, the petitioners made an application to the executing Court, namely, the Senior Civil Judge, on the 25th February 1961, stating that they were tenants…