| Citation(s) |
|---|
| 1966 SLG 4932 = 1966 SLD 4932 = 1966 PLD 53 |
Lahore High Court
Second Appeal from Order No. 351 of 1963, decided on 31st May 1965.
Presented By: Anwarul Haq, J
Sheikh Muhammad Nawaz v. Muhammad Azeem and others P L D 1961 Lah. 788 ref: Syed Masood Hussain and others v. Muhammad Saeed Khan and another P L D 1965 Lah. 11 distinguished. Sh. Abdul Haque assisted by Sh. Maqbool Ahmad (II) for Appellants. M. A. Rahman and S. M. Shafiq for
Respondents.
Second Appeal from Order No. 351 of 1963, decided on 31st May 1965.
Presented By: Anwarul Haq, J
Sheikh Muhammad Nawaz v. Muhammad Azeem and others P L D 1961 Lah. 788 ref: Syed Masood Hussain and others v. Muhammad Saeed Khan and another P L D 1965 Lah. 11 distinguished. Sh. Abdul Haque assisted by Sh. Maqbool Ahmad (II) for Appellants. M. A. Rahman and S. M. Shafiq for
Respondents.
DR. M. FAZIL ZAHIR AND OTHERS----Appellants
VERSUS
Mst. BEGUM JAN AND OTHERS-Respondents
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 15(4),15(5).13,13(2),13(1),13(6)
Law: Civil Procedure Code (V of 1908)
Section: 1,7,9,11,100
West Pakistan Urban Rent Restriction Ordinance (VIof 1959), S. 15(4) and (5)-Order passed in appeals under S. 15(4) Review of such order----Competent---Civil Procedure Code (V of 1908), O. XLVII, r. 1. When acting as an Appellate Authority under subsection (4) of section 15 of the West Pakistan Urban Rent Restriction Ordinance, 1959 the High Court is to deal with the appeals in accordance with the provisions of Order XLI, or Order XLII of the Code of Civil Procedure as the case may be. That being so, it is clear that any orders passed in these appeals would be subject to review in the light of the provisions contained in Order XLVII of the Code. An order passed in review is an order made by the same authority, and must be deemed to be in continuation of the previous order which is sought to be reviewed, and, therefore, the power of review cannot be said to come into conflict with the idea of finality embodied in sub sections (4) and (5) of section 15 of the Ordinance. To put it differently, the process of review is nothing but a part of the process by which the order of the High Court attains finality such as is contemplated by these two subsections. Viewed in this manner, the provisions contained in subsections (4) and (5) of section 15 of the Ordinance cannot be construed as excluding the power of review conferred on the High Court by Order XLVII of the Code. West Pakistan Urban Rent Restriction Ordinance (VIof 1959), Ss. 13 & 15 read with Civil Procedure Code (V of 1908), O. XLVII, r. 1-Review-Provisions of O. XLVII, C. P. C. Available to Court or Tribunal acting under Ordinance. Sheikh Muhammad Nawaz v. Muhammad Azeem P L D 1961 Lah. 788 and Syed Nafis Ahmad Zaidi v. S. M. Hussain P L D 1964 Lah. 536 ref. Civil Procedure Code (V of 1908), O. XLI, r. 11 read with O. XLVII, rr. 1 & 4-Summary dismissal of appeal-Review sought by appellant against dismissal-Notice, to opposite party in terms of O. XLVII, r. 4. not necessary. Janaki Nath Hore and another v. Prabhasini Dosi 30 1 C 898 and Official Trustees of Bengal v. Banode Behari Ghose Ma l A I R 1925 Cal. 114 ref. Civil Procedure Code (V of 1908), O.…