Law: Cantonments Rent Restriction Act, 1963

Section: 24(3),81

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Cantonments Rent Restriction Act (XI of 1963)------ S. 24(3) [as amended by Cantonments Rent Restriction (Amendment) Ordinance (IX of 1985), S.81 --- Constitution of Pakistan (1973), Art. 185(3).. Leave to appeal granted to examine whether a first appeal preferred under S.24(3) of the Ordinance (as amended), could be disposed of without summoning or examining the record of the case.(b) Cantonments Rent Restriction Act (XI of 1963)------ S.24(3) [as amendment by Cantonments Rent Restriction (Amendment) Ordinance (IX of 1985), S.8] --- Appeal --- First appeal preferred under S.24(3) of the Cantonments Rent Restriction Ordinance, 1963 (as amended) cannot be disposed of without summoning and examining the record of the case.Begum Humayun Zulfiqar Ismail and another v. Begum Hamida Saadat Ali 1968 SCMR 828 ref.JUDGMENT NASIM HASAN SHAH, J.--The first appeal under Section 24 of the Cantonments Rent Restriction Act, 1963 riled by the landlord (appellant herein) against the order dated 29-10-1985 passed by the Additional Rent Controller, Lahore Cantt. was summarily dismissed by a learned Single Judge of the Lahore High Court without summoning the record. He rejected the plea of the learned counsel for the appellant that the appeal could not be disposed of without summoning the record and examining it observing:- "Learned counsel claims that this appeal has to be admitted as a matter of course so that record is summoned and the respondents are enabled to be heard as per the requirements of Section 24(3) of the Act, as substituted on 31-1-1985, by Ordinance IX of 1985. This does not appear to be the intention of the law that every appeal, whether or not it has any merit, will entail summoning of record and respondent because for this purpose, a prima facie case has invariably to be first made out. Since in this case appellant has not pleaded a case capable of meeting with success, therefore, I do not consider that any useful purpose may be served by sending for the record of the case and calling upon the respondents to be heard." Leave to appeal was granted by this Court to examine the question of law of general application arising in the case namely,…