2016 MLD 809 PESHAWAR-HIGH-COURT

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Mst. FARIDA BANO VS HAZRAT MUHAMMAD 1982 CLC 1171, 1987 CLC 1210, 2005 MLD 1232, Civil Procedure Code --Order I of C.P.C. Parties to Suits--10 , Constitutional petition--TERM , Ejectment Proceedings--TERM , Maintainability--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Civil Procedure Code (V of 1908), O. I, R. 10---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Ejectment proceedings---Impleadment of party---Scope---Appeal was dismissed in limine on the ground that appeal against interlocutory order of Rent Controller was not maintainable---Validity---Neither order passed on application under O. I, R. 10, C.P.C. was appealable nor provisions of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984 were applicable to the proceedings before Rent Controller---Impugned order passed by the Appellate Court was not open to exception through constitutional petition---Petitioner had no locus standi to be impleaded in the case on the basis of her claim of ownership and possession---Petitioner had already filed a civil suit seeking declaration with regard to her rights of ownership and possession---Constitutional petition was not maintainable as petitioner had already availed alternate remedy of a civil suit---Object of application for impleadment of petitioner was to further delay eviction proceedings against her son---Constitutional petition, being devoid of merit, was dismissed, in circumstances.