Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------Ss. 13 & 16---Civil Procedure Code (V of 1908), OXVI, R.1---Law Reforms Ordinance (XII of 1972), S.3---Ejectment proceedings---Calling of witnesses---Applicability of Civil Procedure Code, 1908---Scope---Landlord along with ejectment application, filed a list of witnesses---Nine days after framing of preliminary issue, landlord filed application for summoning witnesses mentioned in said application and thereafter landlord filed another application seeking permission to deposit expenses for said witnesses---Rent Controller noted that witnesses were entered in the list of witnesses and they be summoned---Witnesses were produced before Rent Controller and were examined, but were not cross-examined--Later on when said witnesses were produced by landlord for cross-examination, an objection was raised by tenant to the effect that since list of witnesses had not been filed within seven days of settlement of issues mentioning names of said witnesses, their statements could not be recorded as they could not have been called by the Court---Rent Controller accepting objection, proceeded to exclude evidence of said witnesses already recorded by him in the form of examination-in-chief---Rent Controller did not see that a list of witnesses was filed by landlord along with ejectment application itself and that witnesses were allowed to be summoned after observing that names of said witnesses were included in the list so filed---Provisions of S.16 of West Pakistan Urban Rent Restriction Ordinance, 1959 was to be read with reference to provisions of C.P.C. for summoning of witnesses--Condition embodied in R.1 of Order XVI, C.P.C. could not at all be read into S. 16 of West Pakistan Urban Rent Restriction Ordinance, 1959---Even assuming that provisions of O.XVI, R.1, C.P.C. were applicable, it could not at all be said that appellant/tenant could complain of any prejudice as witnesses summoned and recorded before Rent Controller were duly mentioned in the list filed by respondent/landlord along with his ejectment application---Rent Controller passed order which on face of it was not only illegal, but was unjust…

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