1985 CLC 641 LAHORE-HIGH-COURT-LAHORE

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MUKHTA.R ALI VS MUHAMMAD AMJAD 1974 SCMR 162, 1979 SCMR 309, 1981 CLC 1176, PLD 1965 SC 669, PLD 1969 SC 270, PLD 1978 Kar. 898, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13(2)--Civil Procedure Code (V of 1908) O.III, r.5--Ex parte ejectment order--Service of process--Tenant's eviction ordered by Rent Controller ex parte on ground that on date fixed neither tenant nor his counsel entered appearance--Counsel on whom service of process issued by Court declined to accept same for reason that brief had been taken away from him by party and that party itself should be informed of date--Tenant not afforded a reasonable opportunity of defence and stood condemned unheard in circumstances--Order of eviction passed ex parte by Rent Controller and maintained by first appellate Court being illegal, set aside--Case ordered to be taken up by Rent Controller for decision afresh.