1995 PLD 561 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SHAFIQUE VS ZAHIDA BEGUM Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17---Civil Procedure Code (V of 1908), Preamble---Provisions of Civil Procedure Code, 1908???Applicability to proceedings in ejectment application? Scope???Civil Procedure Code, 1908, in its complete sense although does not apply to proceedings in applications for eviction of tenants yet when objection was taken about jurisdiction of Rent Controller, such objection must be treated as preliminary objection and must be resolved before taking any further action---Tenant having taken objection of jurisdiction of Rent Controller and preliminary issue having been framed, ample opportunity should have been given to tenant to establish his case???Where the tenant was not given sufficient opportunity to produce evidence in that behalf order of closure of evidence of tenant was not an equitable order in such circumstances???Case was remanded by High Court for decision afresh after affording opportunity to tenant to produce his evidence.