Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 21(3),21

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,rr.17,30

(a) Sind Rented Premises Ordinance (XVII of 1979)--S. 21(3)--Civil Procedure Code (V of 1908), O.XLI, rr. 17 & 30-­Appeal--Dismissal for non-prosecution--Plea that appellate authority was under obligation of law to peruse record of case and go into merits, before disposing of appeal, despite absence of appellant and his counsel, repelled--Appellate authority is not required to consider merits of an appeal when appellant himself does not prosecute same--Court authorized to dismiss appeal forthwith in case appellant does not appear when appeal is called for hearing--Order of dismissal upheld. Thakur Sukpal Singh v. Thakur Kalyan Singh A I R 1963 S C 146 ref. (b) Sind Rented Premises Ordinance (XVII of 1979)- ---S. 21---Civil Procedure Code (V of 1908)--Hearing of appeal--Governed by procedure contained in Civil Procedure Code (V of 1908)--There is nothing in language of S.21 to exclude application of ordinary procedure attaching to High Court in hearing and disposal of civil appeals. Hussain Bakhsh v. Settlement Commissioner P L D 1970 S C 1 and National Telephone Company Limited v . Postmaster-General 1913 A C 546 .ref. (c) Civil Procedure Code (V of 1908)-- ---O.XLI, r. 17--Sind Rented Premises Ordinance (XVII of 1979), S.21--Appeal--Dismissal for default--Appellant and counsel both absent--Reasons given in application for re-admission of appeal being that appellant was busy with completion of formalities of his journey to perform Haj and counsel had virtually given up legal practice, repelled-­No. sufficient cause, held, was shown for absence of petitioner and his counsel--Order of dismissal upheld. ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioner who is an occupant of residential premises at Karachi, as a tenant was ordered to be evicted from the premises on 13-4-1981, by the Rent Controller. Being aggrieved by the aforesaid order of eviction, he filed an appeal in the High Court of Sind, Karachi, which was admitted to regular hearing. However, on 22-5-1984, when the appeal was called on for hearing, the petitioner and his counsel were absent, as a result of which, the appeal was dismissed for non-prosecution by the learned Single Judge of that Court. On…

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