Law: Sindh Rented Premises Ordinance, 1979

Section: 21(3)

Law: Civil Procedure Code (V of 1908)

Section: 27

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Sind Rented Premises Ordinance (XVI1 of 1979)--   ---S.21(3)--Civil Procedure Code (V of 1908), O.XLI, R.27-­Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine the correctness of the view taken by the High Court that further inquiry under S.21(3) of the Ordinance could not be made by the High Court at the instance of a party to the appeal if evidence that was proposed to be produced came into existence after the decision of the Rent Controller.   (b) Sind Rented Premises Ordinance (XVII of 1979)--   ---S.21(3)--Civil Procedure Code (V of 1908), O.XLI, R.27--Only limitation on the power of the appellate authority to make a further inquiry at the appellate stage is that after perusing the record of the case and hearing parties, such further inquiry should be deemed to be necessary.   The provisions of Order XLI, Rule 27, C.P.C., with regard to production of additional evidence in the appellate Court are substantially worded differently from subsection (3) of section 21 of the Ordinance of 1979. Consequently the limitations provided in the former provisions cannot be technically and literally imported in the latter provisions. Section 21(3) of the Ordinance vests a discretionary power in the appellate authority wherever found necessary to make a further inquiry. Of course the discretion must be exercised judicially and not arbitrarily. There is no limitation to the exercise of the power, namely, that such further inquiry cannot be made to permit evidence or circumstances to come on record which have justice require it to examine the same. Therefore, it would be wrong to say that in no case the appellate authority would be competent to hold further inquiry in the light of the subsequent events or facts which have come into existence after the decision of the case in the Court of first instance.   The only limitation on the power of the appellate authority to make a further inquiry at the appellate stage is that after perusing the record of the case and hearing the parties, such further inquiry should be deemed to be necessary.   In order to make up his mind whether further inquiry is necessary or not,…

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