Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21-­Leave to appeal granted to examine legality of order dismissing appeal under S.21(1) of Ordinance (XVII of 1979), for non-prosecution. (b) Sind Rented Premises Ordinance (XVII of 1979)-----S. 21---Civil Procedure Code (V of 1908), O. XLI, R. 19-Appeal against ejectment-- Adjournment sought on ground of counsels illenss, refused--Appeal dismissed for non-prosecution-Application for re-admission of appeal also dismissed--Medical certificate in support of illness considered doubtful--Counsel failing to satisfy Court that the appellant was prevented from appearing for sufficient cause--High Court not having exercised its discretion arbitrarily in refusing adjournment in circumstances of case and no sufficient ground having been made out for readmission of appeal on merits, Supreme Court found no illegality in impugned order and dismissed appeal. Faizanul Haq, Advocate-on-Record for Appellant. A.K. Idrees, Advocate Supreme Court and A., Aziz Dastgir Advocate-on-Record for Respondent. Date of hearing: 9th December, 1985. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--Leave was granted in this appeal in order to examine the legality of the order, dated 2nd September, 1984, passed by a learned Single Judge of the Sind High Court, whereby he dismissed the appeal of the present appellant, under section 21(1) of the Sind Rented Premises Ordinance, 1979, for non-prosecution. 2. The facts relevant for the present purpose are that upon .the application of respondent, the Rent Controller ordered the eviction of the appellant from the premises in dispute on 1st December, 1981. The appellant thereupon filed an appeal under section 21 of the Sind Rented Premises Ordinance which was fixed for regular hearing before the learned Single Judge of the High Court on 2nd September, 1984. On this date Mr. Zaheer Hussain Chishti, learned counsel representing the appellant sent an application for adjournment through another counsel, namely, Mr. A.Q. Malik on the ground that the former was suffering from fever. This request was opposed by the counsel for the respondent who stated to the Court that…

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