Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: O. XXII, r. 3

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 read with Civil Procedure Code (V of 1908), O. XXII, r. 3 Legal Representatives, impleading of-Provisions of O. XXII, C. P. C.-Not applicable to cases of evictions of tenants under Ordinance-Proceedings under S. 13 of Ordinance-Do not abate on death of petitioner or respondent-Rent Controller's order dismissing ejectment petition on petitioner's death, held, not warranted by law. The Rent Controller is an administrative Tribunal and not a Court. The provisions of Order XXII of the Code of Civil Procedure are thus not applicable and that being so the proceedings pending before the Rent Controller do not abate on the death of either the petitioner or the respondent. There is no provision in the Rent Restriction Ordinance to say that in the event of the death of the petitioner the petition shall abate or that it is liable to be dismissed. The order of the Rent Controller dismissing the petition on the ground that the petitioner had died was, therefore, not warranted by law. Khadim Mohyuddln v. Rehmat Ali P L D 1965 S C 459 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 read with Civil Procedure Code (V of 1908), O. XXII, r. 3 Procedure-Petition under O. XXII to implead legal representatives though not competent yet petition under S. 13 of Ordinance neither abating nor liable to dismissal on death of petitioner, principles of O. XXII, held, can be invoked-Adoption of any procedure, unless expressly prohibited-Permissible to Rent Controller for decision of matter before him. The Civil Procedure Code is not applicable and, therefore, application under Order XXII to implead the legal representatives is not competent. Since, however, the petition for ejectment does not abate, nor can it be dismissed on the death of a party the principles of Order XXII can be invoked because the Rent Controller, with a view to deciding the matter before him, can adopt any procedure unless it is prohibited. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 read with Civil Procedure Code (V of 1908), O. XXII, r. 3 Legal representatives, impleading…