Case Details

Citation(s)
1983 SLG 303 1983 SLD 303 1983 SCMR 401
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. K 267 of 1980, decision dated: 11-05-1981.(On appeal from the order of Sind High Court dated 13-10-1980 in First Appeal No. 332 of 1980)
ABDUL KADIR SHAIKH AND SHAH NAWAZ KHAN, JJ
Sadiq Ali Khoja and Faizanul Haq, Advocate on-Record for Petitioner. Nemo for
Respondent

ATTU

VS

GHULAM ALI

Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979)--Ss. 15 & 21 Limitation Act (IX of 1908), S. 5 and Constitution of Pakistan (1973), Art. 185 (3) Ejectment Petitioner ejected ex parte and his time barred appeal dismissed by High Court on ground that provisions of S. 5 of Limitation Act were not applicable to appeal under S. 21 of Ordinance Sufficient cause for setting aside ex parte order not made out by petitioner Supreme Court dismissing petition for leave to appeal while leaving legal question of application of provision of S. 5 of Limitation Act to rent appeals to be decided in another appropriate case. ORDER ABDUL KADIR SHAIKH, J. This is a petition for special leave to appeal from the 1judgment of a learned Single Judge of Sind High Court dated 13 10 1980 dismissing petitioner's appeal as barred by time. The facts briefly stated are that the respondent filed ejectment application against the petitioner on the ground of default in payment of rent from April 1970 onwards. The Rent Controller by an ex parte order dated 7 11 1979, directed petitioner' ejectment from the premises and subsequently dismissed an application filed by him for setting aside the ex parte order. Petitioner filed time barred appeal in the Sind High Court against both these orders on 21 4 1980, and prayed for the condonation of delay under the provisions of section 5 of the Limitation Act on the ground that he had left for India on 7 9 1979 and remained in jail custody at Delhi, and after his release, he "Reached Pakistan via Lahore on or about…
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