Law:

Section:

(a) Cantonments Rent Restriction Ordinance (XI of 1963)---S. 24(3)---First Appeal---Certified copies of record of Rent Controller annexed with appeal---Rejection of appeal by High Court in limine without summoning record of Rent Controller---Validity---Provisions of S.24 of Cantonments Rent Restriction Ordinance, 1963 did not require High Court while deciding appeal to summon record of Rent Controller---Regular First Appeal could be dismissed in limine---High Court while deciding present appeal had examined record annexed therewith, thus, provisions of S.24(3) of Cantonments Rent Restriction Ordinance, 1963 had been sufficiently complied with in letter and spirit---High Court, in the present case, by not summoning record of Rent Controller had neither committed any illegality nor had any prejudice been caused to appellant---Supreme Court dismissed petition for leave to appeal. Muhammad Ibrahim v. Mst. Irshad Begum PLD 2002 SC 720; Ashiq Ali and others v. Mst. Zamir Fatima and others PLD 2004 SC 10 and Hameed Ahmad v. Ghulab Khan 2006 SCMR 895 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 96 & O.XLI, R.33---Regular First Appeal could be dismissed in limine. Muhammad Ibrahim v. Mst. Irshad Begum PLD 2002 SC 720; Ashiq Ali and others v. Mst. Zamir Fatima and others PLD 2004 SC 10 and Hameed Ahmad v. Ghulab Khan 2006 SCMR 895 rel. (c) Cantonments Rent Restriction Ordinance (XI of 1963)--- ----S. 17---Civil Procedure Code (V of 1908), O.IX, R.13---Application of setting aside of ex parte ejectment order---Plea of tenant was that in effecting service of summons upon him, landlord had committed fraud and forgery---Validity---Report of Process Server on notice issued to tenant was that daughter of tenant had refused to receive notice on pretext of tenant being out of city---Rent Controller thereafter directed issuance of notice through substituted service by affixation, registered A.D. and through publication in two newspapers. having nationwide circulation---Report of Process-Server showed that a copy of notice was affixed on abode of tenant---Tenant had not disputed correctness of his address given in ejectment petition---Copy of postal receipt showed that…

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