Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---------S. 13---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dismissal of ejectment application in default---Dismissal for non-production of evidence---Recalling of such order---Order passed on merits-- -Petitioner did not produce evidence in his ejectment petition--­Such petition was dismissed in presence of both the counsel after the order of closing the evidence---Rent Controller recalled such order and restored the original petition---Respondent filed revision petition which was dismissed---Validity---Ex parte order must be differentiated from the case dismissed for non-production of evidence---Cases noted in first category could be restored and law treats the latter order to be an order passed on merits---Authority passing the latter order had become functus officio---Constitutional petition was accepted and orders passed by the Rent Controller for recalling his own final order was declared illegal and unlawful in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----- ----S. 13---Civil Procedure Code (V of 1908), O.XVII, R.3--­Dismissal of ejectment application for non-production of evidence---No procedure had been laid down by the West Pakistan Urban Rent Restriction Ordinance 1959 for conduct of trial---Rent Controller had borrowed the provisions of Order XVII, Rule 3, C.P.C. and had applied it while dismissing the ejectment application---Rent Controller must have followed the procedure prescribed for remedy in shape of appeal or revision to the higher Court against the decree or order passed under Order XVII, Rule 3, C.P.C. Muhammad Aslam Mirza v. Mst. Khurshid Begum PLD 1972 Lah. 603 rel. Nadeem Iqbal Chaudhry for Petitioner. Shahzad Hussain Sheikh for Respondent No.3. ORDER Mushtaq A. Khawaja, respondent No.3 filed an ejectment application along with the prayer for fixation of fair rent from July, 2003 A uptill eviction of Muzammal Abdullah, the tenant, with regard to half portion of Property No.42/C, situate in Mandi Chishtian, District Bahawalnagar, before the learned Rent Controller, Chishtian in the year 2003. Muzammal Abdullah…

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