| Citation(s) |
|---|
| 1991 SLG 459 1991 SLD 459 1991 PLD 52 |
Supreme Court of Pakistan
Civil Appeal No.115 of 1981, decision dated: 19-05-1990.
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ
Syed Munir Hussain, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record for Appellant. Manzoor Ilahi, Advocate-on-Record. Date of hearing. 19th May, 1990.
Civil Appeal No.115 of 1981, decision dated: 19-05-1990.
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ
Syed Munir Hussain, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record for Appellant. Manzoor Ilahi, Advocate-on-Record. Date of hearing. 19th May, 1990.
Mistri ALLAH DIN
VS
FAZAL MUHAMMAD and another
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------- Ss. 13 & 15 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to examine questions of law viz. whether having come to know of the order of ejectment against tenant which became final it was open to another person (alleged to be sublessee) to wait for a period of three years before filing an appeal against that order; mere fact that it was being alleged that the order of eviction was a nullity was enough to override the provisions of the law of limitation and whether not being a party to the proceedings in the ejectment application sub-lessee could at all file an appeal against the order of the Appellate Authority. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---- Ss. 15 & 13 --- Appeal --- Provision of S.15 permits a 'party' alone to file an appeal- --'Party'- --Definition --- field, it was only the parties before the Rent Controller, the landlord and the tenant, who could bring the matter before the higher Appellate Authority designated under the Ordinance --- Person having appeared as a witness in the proceedings and being aware of all the orders that were passed and having not himself sought to be impleaded at any stage or to have prosecuted against the ejectment order in proper time could not file appeal three years after the --- Without disclosing reasons for such inordinate delay, it could not be said that the order passed by the Appellate Authority on compromise between the tenant and landlord was such a nullity as could have justified appeal by said person not a party to these proceedings---Appeal by such person therefore was incompetent in circumstances.--[Words and phrases]. Section 15 of the Urban Rent Restriction Ordinance permits a party alone to file an appeal. 'Party', is a technical word having a precise meaning in legal parlance; it refers to those by or against whom a legal suit is brought, whether in law or in equity, the party plaintiff or defendant, whether composed of one or more individuals and whether natural or legal persons; all others who may be affected by the suit, indirectly or consequently, are persons…
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