Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12 (2)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 17---Ejectment order---Execution of---Challenge to ---Ejectment order finally passed against tenant was result of protracted course of litigation between parties, but finality of ejectment proceedings was not accepted by tenant---Tenant had filed application under S. 12 (2), C.P.C. followed by r;~° objection petition and coupled with numerous other miscellaneous applications and had contended that all those applications warranted a regular and detailed enquiry---Nothing was fresh in any of those applications, but in one or other way those revolved around same contentions which already were asserted by tenant during trial of ejectment petition and were repelled by Courts---Where a fact constituting objection had been raised during trial and a finding had been given on it, Rent Controller, was not bound to re-open or re-consider it in an objection petition or other application of same nature during execution proceedings---Application under S 12 (2), C.P.C. or objection petition would entail detailed enquiry only if it raised a substantial question which was not raised or answered during trial---Where a point was raised and decided in trial between same parties, and relating to same subject, it would not warrant a fresh trial/enquiry---Indeed, law did not contemplate in justice, but it would never encourage misuse of its process too---If the course desired by tenant was allowed there would be no end to any litigation---Subject of course to ends of justice, a line had to be drawn somewhere so that parties were able to reap fruits of their litigation. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Order passed by lower Courts not suffering from any legal infirmity would not call for interference in exercise of Constitutional jurisdiction. ORDER This Constitutional petition questions the validity and legality of the orders of the Rent Controller, Lahore and the Additional District Judge, Lahore respectively passed on 2-6-1992 and 23-1-1993 whereby the petitioner's application under section…

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