2021 CLC 1277 KARACHI-HIGH-COURT-SINDH

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ABDUL MAJEED SOHAIL VS MUHAMMAD MAHBOOB-UZ-ZAMAN KHAN S.15---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Ex-parte order, setting aside of---Application under S.12(2), C.P.C.---Maintainability---Petitioner-tenant assailed ex-parte eviction order passed against him due to default in monthly rent and bona fide personal need--- Application under S.12(2), C.P.C. filed by petitioner-tenant for setting aside ex-parte order was dismissed by Rent Controller as well as by Lower Appellate Court---Validity---Mere allegation not supported by any material did not warrant inquiry or investigation in each case---In absence of specific allegations with dates and other relevant particulars, application under S.12(2), C.P.C. was not maintainable---Application filed by petitioner-tenant under S.12(2), C.P.C., was incompetent and was rightly dismissed by Rent Controller as well as by Lower Appellate Court---Constitutional petition was dismissed, in circumstances.