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Second Appeal from Original Order No. 245 and Civil Miscellaneous No. 2404/C of 1980, decided on 29th June, 1980.
--S. 15(7) [as substituted by Punjab Urban Rent Restriction (Amend ment) Ordinance (IX of 1979)] and S. 15(8) (as added by Punjab Urban Rent Restriction (Amendment) Ordinance (VIII of 1980)]‑Striking off defence and consequent ejectment‑Appeal against‑Second appeal abates by operation of law‑No specific order, held, required to declare formal abatement.‑[Abatement‑Appeal (civil)].
The impugned order was passed by the Additional District Judge on 29‑3‑1980 and the present appeal was preferred on 15‑4‑80. Subsection (21 of section 1 of Punjab Ordinance VIII of 1980, which came into force: on 19‑6‑1980, has specifically provided that subsection (8) of section 15 of the Ordinance shall be deemed to have taken effect on and from the date of commencement of the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979, i.e., 12‑9‑1979. According to subsection (8) of section 15, this appeal, by operation of law, stands already abated with effect from 19‑6‑80. In view of the position of law, no specific order need be passed declaring the formal abatement of this appeal which stands already abated.
Muhammad Salim Shahnazi for Appellant.
Malik Muhammad Qayyum for Respondent.
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