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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AHMED BUX & SONS VS Respondent: ISMAIL
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Saleem Akhter, Ajmal Mian Title: AHMED BUX & SONS vs ISMAIL Case No.: Civil Petition No, 413-K of 1993 Date of Judgment:1993-12-05 Reported As: 1996 SCMR 533 Result: Leave granted
Judgment ORDER ' AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 23-5-1993 passed by a learned Single Judge of the Sindh High Court upon an application under Order XLI, rule 21, C.P.C. Read with section 21 of the Sindh Rented Premises Ordinance, 1979 filed by the petitioner in F.R.A. No,381/89, for re-hearing of the appeal which was heard and allowed by the learned Judge in Chambers on 8-3-1992 in the absence of the petitioner who was respondent in the above F.R.A. And whereby respondent's ejectment application was granted, dismissing the same on the ground that the above provisions of C.P.C. Were not applicable to F.R.As. The petitioner has, therefore, filed the present petition for leave to appeal. We have heard Mr. A.A. Siddiqi, learned A.S.C. For the petitioner and have also perused the record of the High Court in respect of the above F.R.A. The bailiff' s report dated 7-3-1992 indicates that the petitioner was not served with the notice of the appeal. In spite of that appeal was heard on 8-3- 1992 and was decided against the petitioner. We are inclined to grant leave to consider, whether in view of the fact that the petitioner was not served with the notice of the appeal, the learned Judge in Chambers should have granted the petitioner' s above application for re-hearing of the appeal. ' Leave is accordingly granted. The petitioner shall not be ejected till further order of this Court subject to payment of rent regularly.
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