Law:

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(a) Criminal Procedure Code (V of 1898)-- Ss. 367 & 369-Judgment-.Clerical mistakes-Appeal, as per Urdu order, adjourned for announcement of decision to 30-7-1981 but decision of appeal, as per English order, shown to be of 20-7-1981­Wrong date, i.e., 20-7-1981 appearing to be a clerical mistake inadver­tently recorded instead of correct date, namely 30-7-1981-Mere mis-description in. date in Urdu order in order-sheet, held, does not vitiate .-[Judgment]. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 13-Court observations-Former Rent Controller observing at time of recording of evidence that there appeared to be some rubbing on impugned notice-Court room being not well lighted and being generally dark due to low voltage of electricity, observation not correct-Disputed portion of notice on closer examinati3n showing only impression of carbon from carbon paper due to extra-pressure exerted on said carbon paper-Counsel for parties also agreeing as to there having been no rubbing on notice-Finding of successor Rent Controller as to there having been no rubbing, held, not open to any objection in circumstances. (c) Provisional Constitution Order (C. M. f.. A.'s 1 of 1981]- -- Art. 9-Findings of fact-Jurisdiction-High Court in exercise of its extraordinary jurisdiction under Art. 9 of Order, held, cannot go into findings of fact.-(Findings of fact-Jurisdiction]. (d) West Pakistan Urban Rent Restriction Ordinance (Vl of 1959;- -- S. 15(3)-Appeal-Further inquiry-Making of further inquiry by Appellate Authority-Subject to Appellate Authority's feeling necessity of recording further evidence-Such necessity may arise on account of Appellate Authority being unable to pronounce on evidence already available on record due to some omission of a material nature in evidence or some other cause--Necessity to record evidence­ Requirement of Court and not of party-Lower Court after hearing arguments on merits of case not apparently finding any such lacuna in evidence and able to decide appeal on evidence as available on file and being fully conscious of existence of application praying for making further inquiry deciding appeal, lower Court, held,…

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