2023 YLR 820 LAHORE-HIGH-COURT-LAHORE

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GHULAM HUSSAIN VS RENT CONTROLLER, GUJRANWALA Ss. 21 & 22---eviction---Ex-parte order---Application for setting aside ex-parte eviction order was submitted by two of the respondents, which was accepted by Special Judge (Rent) directing the petitioner to implead another respondent as party to ejection petition---Petitioner contended that application for setting aside ex-parte decree was not accompanied by application for leave to contest; that the Rent Tribunal accepted the respondents' application beyond the statutory period of 10 days; that address of the one of two respondents mentioned in rent agreement was incorporated in eviction petition, however, in application for setting aside of eviction order, one of the two respondents malafidely mentioned a different address---Held, that the record showed that no process/summons, served / unserved, returned--- Third respondent remained unaware about the proceedings of the ejectment petition---Substitute service could only be adopted when all efforts to effect service upon respondent in ordinary course were made, but failed---No report/statement of process server was on record to the effect that one of the two respondents was either avoiding service of summons, or it could not be found for any reason---When law required a thing to be done in a particular manner, the same must be done accordingly---Both the petitioners and third respondent were co-sharers of the property in question and simultaneously claiming tenancy agreement with regard thereto---Rent Tribunal was justified to sanguine for a judicious/sagacious conclusion in case of third respondent was arrayed as party to the proceedings---Constitutional petition was dismissed accordingly.