Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- S. 16 read with S. 13 and Civil Procedure Code (V of 1908), O. V, rr. 9 & 17, O. XVI, rr. 1, 7-A, 8, 10, 13 & 16 (2) and O. XVII, r. 3­Ejectment proceedings-Summoning and enforcing attendance of wit­nesses-Powers of Rent Controller same as vest in a Civil Court under C. P. C.-Tenant failing to submit a list of witnesses to Rent Controller within seven days of settlement of issues but at later stage making appli­cation requesting for permission to deposit expenses and diet money of three named witnesses-Order of Rent Controller directing issuance of summons on condition that service on witnesses should be got effected by tenant on his own responsibility-Held, within bounds of his power and a legally valid order-Nothing on _ record to show that dash summons were served by tenant on his witnesses and that they failed to comply with in spite of service-Held, Rent Controller could not bring into action coercive machinery to enforce attendance of such witnesses in circumstances of case. Bashir Bibi v. Amin-ud-Din P L D 1973 S C 45 and Imtiaz Ahmad v. Sarfraz Hussain Writ Petition No. 7582 of 1980 distinguished. Maula Bakhsh v. Abdul Hamid P L D 1971 Lah. 512 and Ghulam Mustaza v. Muhammad 1lyas and 3 others P L D 1980 Lah. 495 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- ---S. 13 (2)-Ejectment proceedings-Tenant, despite three opportunities given to him to effect service on his witnesses, failing to produce his evidence-Order of Rent Controller directing ejectment of tenant ­Held, not hit by provision of S. 13 (2) nor in disregard of principle of natural justice : Auai alleram partem (no one shall be condemned unheard).-[Maxim]. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- --S. 13 read with Civil Procedure Code (V of 1908), Os. V, XVI, r. 7-A (1) and O. XVII, r. 3-Ejectment proceedings-Rent Controller, on request of tenant, directing service of summons to be effected on his witnesses on personal responsibility, of tenant-Tenant, however, omitting to receive summons from office of Rent Controller for service on his witnesses and thus failing to produce his…

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