2003 YLR 1618 LAHORE-HIGH-COURT-LAHORE
Punjab · 2003
Full text
ASGHAR ALI VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13(1)---Civil Procedure Code (V of 1908), S.9---eviction of tenant---Jurisdiction of Civil Court in matters covered by the Ordinance not expressly but impliedly barred by virtue of S.13 of the Ordinance providing that tenant would not be ejected except in accordance with provisions of said section---Jurisdiction on a Special Tribunal is conferred by a statute, which can be taken away by a statute---Civil Court is Court of plenary jurisdiction and if on the date cognizance of a suit is taken with jurisdiction, then same can only be taken away by express letter of law or clear intendment ---Section 13 of the Ordinance impliedly ousting jurisdiction of Civil Court cannot be applied with retrospective effect so as to undo proceedings lawfully taken by. Civil Court.
