Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21 [as amended by Sindh Rented Premises (Amendment) Ordinance (XIV of 2001)---Civil Procedure Code (V of 1908), Preamble---Appeal---Order of dismissal of appeal was passed by the High Court before amendment of S.21, Sindh Rented Premises Ordinance, 1979---Question arose as to whether after dismissal of first rent appeal by the High Court under the Sindh Rented Premises Ordinance, 1979 High Court, after the amendment introduced in S.21 conferring powers of appeal on the District Judge, was competent to re­admit the appeal dismissed for non-prosecution at the instance of the appellant upon showing sufficient cause---Held, broad and equitable principles of Civil Procedure Code (V of 1908) could always be invoked for ensuring complete and substantial justice between the parties---Order of the dismissal of appeal for non-prosecution having been passed by the High Court, it would be appropriate for the High Court to entertain a prayer for its recall and re-admission---High Court should not in such cases, suffer from abdication of jurisdiction and rather exercise its jurisdiction for securing complete ends of justice and suppressing the mischief rather than technically knocking out a person---Supreme Court directed that restoration application shall be deemed to be pending 'before the High Court and shall be disposed of on its own merits strictly in accordance with law with utmost expedition in view of the anxiety expressed by -Respondent who has been litigating for the enforcement of his right for the last more than sixteen years. JUDGMENT RANA BHAGWANDAS, J. --- This appeal with leave of the Court is directed against the Sindh High Court judgment, dated 24-5-2001. 2. Short question for consideration in this appeal is whether after the dismissal of F.R.A. under the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to the Ordinance, 1979), High Court was competent to re-admit the appeal at the instance of the appellant upon showing sufficient cause. The view taken in the impugned judgment appears to be that after the amendment introduced in the Ordinance, 1979…

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