Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,rr.1,2,O.XXXI,r.3

(a) Civil Procedure Code (V of 1908)---O. XXXIX, rr. 1 & 2 Stay order takes effect from time it is passed irrespective of fact whether or not it has been served on person concerned. [Injunction]. (b) Supreme Court Rules, 1980 O. XXXI, r. 3 Notice sent to respondent directly and cause list of cases fixed for hearing during relevant week affixed on notice board of Registry Incharge Branch Registry also served notice to A. O. R. for respondent Respondent, held, duly served. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13(2) Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2¬Question whether stay order passed by appellate Court prior to passing of ex parte order of ejectment by Rent Controller on same date Respondent alleging that stay order was already operative when Rent Controller passed ex parte order of eviction Onus of proving that stay order had been passed earlier in time, held, lies on respondent Respondent neither appearing nor represented to contest appeal despite service of notice Held, in absence of any material on record to show that stay order was passed prior to passing of eviction order, order of eviction cannot be said to have, been passed during existence of stay order Ex parte order of respondent's eviction revived. JUDGMENT ASLAM RIAZ HUSSAIN, J. The facts giving rise to this petition are, briefly, that Kazi Abdul Hakim father of Ch. Abdul Jalil appellant was, transferred a sarai and the P. T. D. was issued to him in July, 1963, On his death the property vested in the appellant. He filed an. application under Rent Restriction Ordinance for ejectment of Javaid Ahmad, respondent who was residing in the premises in question. But during the pendency of the ejectment application the transfer of the sarai in favour of Abdul Hakim was cancelled. The appellant, therefore, requested the learned Rent Controller to adjourn his ejectment application. The Rent Controller thereupon adjourned the same sine die, on 30 1 1974. Abdul Jalil appellant thereafter pursued the case of transfer of property before the Settlement Authorities, which was ultimately restored to him and the order of cancellation of transfer from his name…

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