Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Ejectment of tenant on basis of ex parte proceedings---Substituted service ordered by Rent Controller was not lawful, in so much as, no genuine,);, effort was ever made to serve the tenant with the process in the ordinary course---Registered (Acknowledgement Due) Process, when directed did not appear to have been issued---Order directing substituted service being not lawful order, every other order, which had followed upon the same or which was based thereon, was equally unlawful---Ex parte order, flowing from the order of such substituted service was thus, without due foundation. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), O.V, R.20---Applicability of provisions of Civil Procedure Code, 1908, to ejectment proceedings ---Extent--­Entire provisions of Civil Procedure Code, 1908, do not apply to ejectment application but Rent Controller can adopt and follow appropriate rules of procedure, applicable to Courts of civil jurisdiction, so far as they were in consonance with universally acknowledged principles of justice and fair play--­Provision of O.V, R.20, Civil Procedure Code, 1908, could be invoked, but that provision could be invoked only, even in a Civil Court, where party proposed to be served either avoids process or there was no legitimate manner in which the party concerned could plausibly be served. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21---Appeal---Limitation---Ex' parte order of eviction was totally illegal order and came to the knowledge of the tenant only when execution was issued and attempt was made to implement such order---As per averments of tenant, which remained uncontroverted on record, he came to know of ejectment order on 4-4-1991, following upon which he (tenant) having been physically evicted and he having subsequently obtained certified copy, the appeal filed on 8-5-1991, would be in time, when time consumed for obtaining certified copy of impugned order between 25-4-1991 and 5-5-1991. (when copy was delivered) was excluded. (d) Sindh Rented Premises Ordinance (XVII of 1979)---- ----S.15---Civil…

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