1982 PLD 451 KARACHI-HIGH-COURT-SINDH

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ZAFAR AHMAD VS MUHAMMAD HUSSAIN Civil Procedure Code --Order XIII of C.P.C. Production, Impounding and Return of Documents--2 , West Pakistan Urban Rent Restriction Ordinance 1959--16 , Ss. 13(6) & 16 read with Civil Procedure Code (V of 1908), O. XIII, r. 2-eviction-Condonation of delay-Application for condonation of delay filed, subsequently application for leading evidence to prove grounds of condonation of delay also filed and granted-Rent Controller much after granting application instead of allowing evidence to be recorded passing order striking off defence of appellants tenants-Held Application under O. XIII, r. 2, C. P. C. having not been disposed of finally nor parties allowed to lead evidence on issue, evidence of neither party having also not been closed, case fit for remand and not ripe for judgment-Impugned judgment passed by appellate Court though admitting existence of sufficient reasons for remand of case yet finding case decidable on record as existing and passed on presumptions and surmises rather than on positive evidence