Law:

Section:

Civil Procedure Code (V of 1908)-----S. 12(2)--Sind Rented Premises Ordinance (XVII of 1979), S. 22-­Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal, grant of--Leave to appeal granted to consider questions: (a) whether the application under section 12(2), C.P.C. was competent in the Trial Court inasmuch as he was not a party to the rent proceedings; (b) was the said application under section 12(2), C.P.C. within time and what Article of Limitation Act was applicable to the case in view of allegations of fraud having been made in the said application; (c) what was the effect of the pendency of suit; and (d) whether the provision of Sind Rented Premises Ordinance, 1979 (Section 22) debarred third parties from filing objections in the execution proceedings and whether such third person could obstruct the execution proceedings on the ground that he was not claiming possession through the Judgment-Debtor. ORDER ABDUL KADIR SHAIKH, J.--Several legal points raised in this petition, inter alia, the following deserve consideration: (a) Was the application under section 12(2) C.P.C. competent by the…

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