1987 CLC 516 KARACHI-HIGH-COURT-SINDH

Full text

FAROOQ BEG VS MUHAMMAD KASHIF KAMAL SIDDIQUI Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--13 , Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance S. 144 & 0. IX, R. 13--Sind Rented Premises Ordinance (XVII of 1979), Ss. 21 & 22--Doctrine of restitution--Reversal or modification of ex parte eviction order--Effect--Principal of doctrine of restitution is that on reversal or modification of erroneous ex parte decree or eviction order passed by Court below, there is obligation on party receiving benefit of such erroneous decree or order to make restitution to other party for what he has lost--Ex parte eviction order of Rent Controller having been varied by Appellate Court, was required to be given effect to--Application filed by tenant under S. 144 of Civil Procedure Code (V of 1908) for restoration of possession of disputed property taken by landlord in execution of warrant of possession, -held, could not be dismissed in circumstances.