1983 SCMR 869 SUPREME-COURT

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ABDUL JALIL VS JAVID AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 13(2)-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2Question whether stay order passed by appellate Court prior to passing of ex parte order of ejectment by Rent Controller on same date -Respondent alleging that stay order was already operative when Rent Controller passed ex parte order of eviction-Onus of proving that stay order had been passed earlier in time, held, lies on respondent-Respondent neither appearing nor represented to contest appeal despite service of notice-Held, in absence of any material on record to show that stay order was passed prior to passing of eviction order, order of eviction cannot be said to have, been passed during existence of stay order - Ex parte order of respondent's eviction revived.