Law: Cantonments Rent Restriction Act, 1963

Section: 17

(a) Cantonments Rent Restriction Act (XI of 1963)----S. 17---Civil Procedure Code (V of 1908), OXXXII, R.3---Though Civil Procedure Code does not apply to proceedings under the Cantonments Rent Restriction Act, 1963 and Rent Controller has to follow procedure he considers proper in circumstances of case, yet principles underlying in the Code as far as procedure is concerned are generally followed in such matters---Held, even if it be taken that matter could not be proceeded against minor opponents/tenants unless a guardian ad litem was appointed to protect their interest, still matter could have proceeded against major tenants in the case. (b) Cantonments Rent Restriction Act (X1 of 1963)--- ----Ss. 17 & 24---Order passed by Rent Controller not being in accordance with established principles of procedure, was set aside by High Court in appeal remanding case to be decided afresh in accordance with law. ORDER This appeal arises out of the order passed on 7-3-1987 whereby the Additional Controller of Rents, Clifton Cantonment, Karachi, had rejected the amended application of the applicant on the ground that some of the opponents were minors and their guardian adytum had not been appointed. Briefly the facts are that the present appellant had filed an application under Section 17 of Cantonment Rent Restriction (Amendment) Ordinance 1985 against deceased Sultan Ahmad who died during the pendency of the proceedings and, therefore, amended rent application was filed implicating his legal representatives of whom respondents Nos.10 to 13 are minors. It appears that no formal application was moved for appointment of guardian ad litem for the minor legal representative of the deceased and as such objection was raised by the other side through application under Order 32, C.P.C. Learned Additional Controller of Rent after hearing the parties, Advocates, was pleased to dismiss the main case for ejectment, therefore, this appeal. I have heard Mr. M.A. Qadri, Advocate for the appellant and Mr. Khalid Latif, Advocate for the respondents. No doubt it is settled law that the provisions of Civil Procedure Code do not…

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