Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of '1959)------S. 13(6)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant -Defence, striking off---Absence of counsel of tenant---Leave to appeal was granted to consider, whether in the circumstances of the case, the absence of the counsel for the appellant on the ground of his illness duly supported by the medical certificate issued by his physician and his personal affidavit had been rightly brushed aside by Rent Controller in his .order. without considering the request of the counsel for adjournment and had unjustifiably struck off the tenant's defence without providing him an opportunity to file written statement within Court hours on that day and that the order had not been justifiably upheld ,by the Lower Appellate Court as well as the High Court. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Ejectment of tenant---Defence, striking off---Absence of counsel of tenant---Seeking of adjournment on the basis of medical certificate--­Delaying tactics---Rent Controller, due to absence of counsel of the tenant struck off the defence. and allowed the ejectment petition---Appeals before Lower Appellate Court as well as High Court were dismissed and the order of Rent Controller was upheld---Validity--;Counsel was engaged, he had sought adjournment on the ground of his illness duly supported by not only the medical certificate issued by a competent doctor but also the personal affidavit of the counsel---Supreme Court having noticed the deteriorating unethical professional practices particularly .by the medical profession wherein certificates of the nature produced by the counsel in support of his plea had become saleable commodity held nonetheless there .could be few honourable exception on that score and in the present case it was an exception to the unethical conduct and malpractices that had crept in the various professions---Plea raised by the tenant was accepted by Supreme Court and orders passed by the Courts below were set aside and the case was remanded to the Rent Controller for decision afresh. Shaft Muhammad v. Muzaffar-ud-Din and others 1990 SCMR 530…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492