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-- S. 15 (4) read with West Pakistan General Clauses Act (VI of 1956), S. 20 and Civil Procedure Code (V of 1908), Ss. 107 152 Second appeal-- Review---Ordinance does not confer power of review on High Court-Order passed by High Court dismissing appeal in limine-Held, cannot be reviewed by High Court while deal ing with a second appeal under S. 15 (4) of Ordinance-Held further, neither provisions of S. 20, General Clauses Act nor Ss. 107 & 152, C. P. C. can be called in aid for reviewing such order.-[Review].

Muzzafar Ali v. Muhammad Shafi P L D 1981 S C 94 rel.

Mushtaq Hussain for Appellant.

Riazuddin for Respondent.

Date of hearing : 27th April, 1982.

At the hearing of this appeal a preliminary objection is raised by the learned counsel for the respondent as to the legality of the order of admission dated 15th November, 1976. I will therefore, before considering the appeal on merits deal with the preliminary objection of respondent.

2. This appeal came up for admission before M. A. Rashid, J. (as he then was) and by order dated 26th August, 1976 the learned Judge dismissed the appeal in limine. After dismissal of the appeal as aforesaid the appellant filed an application on 23rd September, 1976 under section 114 read with section 151 and Order XLVII, C. P. C. for review of the order dated 26th August, 1976. This application was registered as a .review application and was allowed by the learned Judge by his order dated 15th November, 1976 and the order dated 26th August, 1976 dis missing the appeal summarily was recalled and appeal was admitted to regular hearing. It may be mentioned here that order dated 15th November, 1976 reviewing the earlier order dated 26th August, 1976 was passed by the learned Single Judge , without notice to respondent and therefore the objection to the above order has now been raised when this appeal came up for regular hearing. The learned counsel for the respon dent has placed reliance on the case of Muzzafar Ali v. Muhammad Shafi (PLD1981-SC94); in support of his contention that the High Court while dealing with a second appeal under the provision of section 15 (4) of the West Pakistan Urban Rent Restriction Ordinance, 1979 has no power to review its order, as the Ordinance has not conferred on the Court any power of review. The contention of the learned counsel for the respondent is fully supported by the above-cited case. Mr. Mushtaq Hussain the learned counsel for the appellant however, attempted to argue that the order dated 15th November, 1976 passed by the learned Single Judge may be treated as having been passed under section 20 of the West Pakistan General Clauses Act, read with section 197 and section 152, C. P. C. In my humble view the provision contained in section 20 of the West Pakistan General Clauses Act has no application in cases where power is exercised by a Court in appellate jurisdiction conferred on it under a statute. Similarly the provisions contained in sections 107 and 152, C. P. C. could not be called to aid by the High Court for reviewing its order passed under section 15 (4) of the Ordinance VI of 1959 in view of the clear pronounce ment of Supreme Court in above-cited case (P L D 1981 S C 94) I, therefore, hold that the order dated 15th November, 1976 passed by the learned Single Judge, admitting the appeal to regular hearing was not a legal order and therefore the earlier order passed on 26th August, 1976 dismissing the appeal- in limine shall bold the field. The appeal is dismissed accordingly but in the circumstances of the case there will be no order as to costs, but the appellant is allowed four months' time to vacate the premises subject to the condition that the appellant shall continue to deposit monthly rent in Court for this period.

S. Q. Appeal dismissed.

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