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MUHAMMAD HUSSAIN SHAH versus MUHAMMAD FAROOQ


Code of Conduct 1908 Section 115 West Pakistan Citizens Rent Ordinance (VI of 1959), Section 15 (7) Revision Order Challenge issue not decided, otherwise revised, approved in proceedings under West Pakistan Citizens Rent Disallowed orders are not authorized. Restriction Ordinance, 1959 revision deleted

1984 M L D 1251

[Lahore]

Before Khalil-ur-Rehman Khan, J

MUHAMMAD HUSSAIN SHAH--Petitioner

versus

MUHAMMAD FAROOQ and others--Respondents

Civil Revision No. 458 of 1984, decided on 14th October, 1984.

Civil Procedure Code (V of 1908)--

---S. 115--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15(7)--Revision--Order challenged in revision not "case decided"- Even otherwise revision, held, not competent against orders passed in proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959--Revision dismissed.

Mian Ahmad Hasan for Petitioner.

Ch. Muhammad Shafi for Respondents.

JUDGMENT

This revision petition is directed against the order, dated 25-7-1984 passed by the learned Additional District Judge, Multan, on an application filed in a pending appeal filed, against the order of ejectment passed by the Rent Controller. By moving the application the decision of the appeal was sought to be stayed pending the adjudication of the suit filed by the petitioner. This request was refused, vide impugned order. This order even otherwise does not amount to case decided. Moreover, against orders passed in the proceedings under the Rent Restriction Ordinance revision is not competent. Reference may be made to P L D 1981 S C 112 and 1984 C L C 2255. The revision being incompetent, is dismissed in limine.

In view of the dismissal of the revision petition, C.M. has become infructuous.

M.Y.H. Revision dismissed.

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