Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 19---Ex parte ejectment order---Setting aside of---On filing ejectment application against tenant by landlord, tenant filed his-written statement---After filing affidavit-in-evidence by landlord, matter was adjourned for cross-examination of landlord witness but on adjourned date of hearing tenant and his counsel remained absent---Rent Controller closed right of tenant to cross-examination landlord's witness, proceeded with matter and allowed ejectment application of landlord---Tenant after a lapse of eight months filed application for setting aside ex parte ejectment order against him which was dismissed by Rent Controller---Ex parte order against tenant could have been set aside only if he was not served or he was prevented from appearing before Court for reasons beyond his control---Tenant was duly served and he filed his written statement and tenant had failed to show any sufficient cause for his remaining absent thereafter---Even otherwise application for setting aside ex parte order was made after a period of eight months without any application for condonation of such delay---Case clearly being of negligence on part of tenant and his counsel, ex parte ejectment order passed against him could not be set aside. ORDER This application is not pressed, which is accordingly dismissed as not pressed. 2. This appeal has been filed challenging the order passed by the learned I Senior Civil Judge and Rent Controller, Karachi West, on 27-10-1993. Briefly the facts are that the present respondents had filed a rent case for ejectment against the present appellant on the grounds of default and transferring of possession to a third party. In the rent case the present appellant was served on 9-12-1990 and filed his written statement. Thereafter the present respondents filed affidavit-in-evidence on 31-1-1991 and matter was adjourned for cross-examination of respondents' witness. The present appellant thereafter remained absent and so did his counsel.…

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