| Citation(s) |
|---|
| 1989 SLG 477 1989 SLD 477 1989 SCMR 261 1989 SLD 1033 1989 SCMR 261 |
Supreme Court of Pakistan
Civil Petitions Nos. 373 and 374-K of 1986, decision dated: 26-02-1988
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petitions Nos. 373 and 374-K of 1986, decision dated: 26-02-1988
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Messrs NIAZI INSTITUTE OF SCIENCE ORGANIZATION
VS
ANWAR ZAMANI
Law:
Section:
Sind Rented Premises Ordinance (XVII of 1979)--S. 15--Civil Procedure Code (V of 1908), O. X111, R. 9--Ex parte order, setting aside of--Counsel for petitioner was not present in Court on relevant date and no explanation was given--High Court not finding sufficient ground, dismissed application of petitioner under O. XI1I, R. 9, C.P.C.--Finding recorded by f4'gh Court was based on facts and called for no interference--Petition for leave to appeal dismissed. Gul Zaman Khan, Advocate Supreme Court and A.Aziz DaMtgir, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 28th February, 1988. ORDER S.A. NUSRAT, J.--This order will dispose of the above two petitions which arise out of a common order of the High Court dated 5-8-1986 whereby two First Rent Appeals Nos. 107/84, directed against main order dated 6-12-1983 and 36/86 from the order of the Rent Controller dated 14-12-1985 rejecting the petitioner's application under Order 13, Rule 9, C.P.C. were dismissed. 2. The ejectment case before the Rent Controller was fixed on 13-7-1983, which was declared a holiday. Thereafter, the case was taken up on 16-7-1983and was adjourned to 13-8-1983. According to the order sheet of the Rent Controller, which was closely examined by the learned High Court, the counsel for the parties were present on that date and the matter was adjourned to 5-9-1983 when it was again adjourned to 10-10-1983. On this last date, the appellant and their counsel remained absent and the respondent's side was closed and the case adjourned to 1-11-1983. The…
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