Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----- ----S. 13---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Non-appearance of tenant---Notice issued to District Attorney---Government was running a school in the rented premises ---Ejectment was sought on the ground of default and damage to property---Rent Controller dismissed the ejectment petition but Appellate Court allowed the appeal and passed eviction order---Authorities filed application under S.12(2) C.P.C. for setting aside of the eviction order on the plea that they had not been served with the process---Appellate Court dismissed the application under S.12(2). C.P.C. as the notice was twice delivered at the office of the authorities as well as to the District Attorney---Ex parte order passed by Appellate Court was maintained by the High Court---Validity---Not only the Secretary Education was duly served but the Government Pleader in any) Court was agent of the Government for the purpose of receiving processes against the Government issued by such Court---Service of notice on the District Attorney therefore, was also due service on the Government---Supreme Court declined to interfere with the eviction order passed by Appellate Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 4-2-2002 whereby Civil Revision bearing No.2545 of 2000 filed by the petitioner was dismissed. 2. Facts briefly are that the late husband of the respondent Khalid Refique filed an ejectment petition on 23-4-1979 against Education Department/petitioner in which a school is being run in eight rooms double storied building alongwith other apertures at monthly rent of Rs.350 on the ground of default and damage to the property. The Rent Controller vide order, dated 5-4-1980 dismissed the petition. An appeal was filed which too was dismissed by the Additional District Judge on 23-9-1980. Respondent filed Writ Petition No. 11366 of 1980 whereupon a learned Single Judge of the Lahore High Court accepted the same and remanded the case to the Additional District Judge. After remand the appeal…

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