MUHAMMAD ASLAM MIRZA vs Mst. KHURSHID BEGUM — 1969 PLD 327

Citation: 1969 PLD 327

Court: Lahore High Court

Year: 1971

Decision Date: 1971-05-17

Parties: MUHAMMAD ASLAM MIRZA vs Mst. KHURSHID BEGUM

Headnotes

Case cited as PLD 1969 Lah. 327

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan, Muhammad Akram, Muhammad Fazle Ghani Khan Title: MUHAMMAD ASLAM MIRZA vs Mst. KHURSHID BEGUM Case No.: Civil Appeal No. 30 of 1969 First Appeal from Order No. 173 of 1965 Date of Judgment:1971-05-17 Reported As: PLD 1972 Lahore 603 Result: Reference answered JUDGMENT JUDGMENT MUHAMMAD AKRAM, J.-Briefly the facts, leading up to this reference to the Full Bench before us are these: On 14-9-1964 the respondent filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordi--nance VI of 1959 (hereinafter called the Ordinance), before the Rent Controller, Chakwal, for the ejectment of the appellant from the house in dispute. After the appellant was duly served, he filed his written reply contesting his liability for the ejectment. But on 21-7-1965, neither the appellant nor his learned counsel appeared at the hearing and ex parte pro--ceedings were taken for his ejectment from the premises. However, afterwards on 3-9-1965, the appellant applied to the learned Rent Controller under Order IX, rule 13 of the Code of Civil Procedure to set aside the ex parte order passed against him alleging that he had engaged Syed Zia-ul-Hassan Vakil, Chakwal, as his counsel and made the necessary arrangements for his representation in the case, but that on 30-7-1965, he had to leave for Lahore in connection with the illness of his son admitted to the hospital and that in his absence the order for his ejectment…

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