Find a Lawyer

Second Appeal No. 235 of 1978, decided on 11th November, 1980.

‑‑S. 13 read with Civil Procedure Code (V of 1908), O. XVII, r. 1‑Adjournment‑Appellants' counsel busy in High Court at K on 26‑9‑1977 and 29‑9‑1977 but on 28‑9‑1977 Rent Controller of District J rejecting appellants' application for adjournment, closing their evidence and adjourning case to 29‑9‑1977 for arguments‑Held: Rent Controller rejected request for adjournment unreasonably and without application of mind and sufficient cause existed for counsel's non‑appearance in Court on 28‑9‑1977.‑[Adjournment].

Salamat Bibi and others v. Settlement and Rehabilitation Commissioner, Multan P L D 1966 S C 467 rel.

Baboo Jan Muhammad v. Abdul Ghafoor P L D 1966 S C 461 ref.

‑_‑‑‑ S. 13 read with Civil Procedure Code (V of 1908), O. XLVII, r. 1 Review‑Appellants applying to Rent Controller for review of ex parte order passed on 28‑9‑1977‑Respondent not denying appellant's counsel having been busy in High Court at Karachi on 26‑9‑1977 and 29‑9‑1977‑Held, every justification existed for setting aside ex parte order.‑[Review].

Muhammad Aslam Mirza v. Mst. Khurshid Bagum P L D 1972 Lab. 603 and Abdul Majeed v. Ibrahim P L D 1975 Kar. 238 rel.

S. 13 read with Civil Procedure Code (V of 1908), O. XVII, r. 1 Appellants obtaining adjournments on two occasions with no objection from respondent and on other two occasions also Rent Controller granting adjournments, accepting reasons therefore‑Held, in such ,circumstances appellants cannot be blamed for seeking adjournment without valid grounds or for delay of progress of proceedings. [Adjournment].

Nooruddin Sarki for Appellants.

Nizam Ahmed for Respondent.

Dates of hearing : 5th and 7th October, 1980.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.