Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13 read with Constitution of Pakistan (1973), Art. 185 (3)­Ex parte decision - Leave to appeal - Petitioners tenants allowed several adjournments on payment of costs but repeatedly absenting themselves on several dates of hearing-Petitioners' conduct, held, dis-entitled themselves to invoke extraordinary discretionary jurisdi­ction of High Court and no justifiable ground existed to interfere with decision of High Court in not setting aside ex paste order of ejectment passed against petitioners. ORDER M. S. H. QURESHI, J.-The petitioners, who are tenants in respect of the property in question, are aggrieved by the order of the High Court dated 28-11-1981, whereby their writ petition against an ex paste order of ejectment passed against them by the Controller and affirmed in appeal by the District Judge, Lahore, was dismissed in limine. 2. It appears from the submissions made that the Controller had passed an order on 7-10-1979 to proceed ex parte against the petitioners on account of their non-appearance. On their application the order was recalled on payment of costs. Subsequently, too, costs were imposed, once of Rs. 40 on 1-3-1980 and again of Rs. 20 on 10.5-1980 on account of their non-appearance. On 25-5-1980 an order for proceeding against them ex parte was again passed by the Controller on account of their non-appearance. Their applica­tion for setting aside the same was, after due hearing, rejected on 10-7-1980, on which date the order of ejectment was also passed on the basis…

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