2016 MLD 806 KARACHI-HIGH-COURT-SINDH

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Shaikh SULTAN AHMED VS IFTIKHARUDDIN PARACHA 1983 CLC 998, 1995 MLD 470, 1998 CLC 1987, 2001 YLR 3014, 2010 CLC 935, PLD 2009 SC 45, Constitutional petition--TERM , Eviction petition--Term , Maintainability--TERM , Sindh Rented Premises Ordinance 1979--21 , S. 21---Constitution of Pakistan, Art. 199---Constitutional petition---eviction petition---Appeal against interim order---Maintainability---Constitutional jurisdiction---Scope---Tenant filed application for recalling of order whereby his right to cross-examine was closed by Trial Court due to his non-appearance, and appellate court dismissed appeal against order of dismissal on ground that appeal was not permissible against interim order under S. 21 of Sindh Rented Premises Ordinance, 1979---Contention raised by tenant was that order passed on his application, whereby his right to cross-examine had been closed, was final order---Validity---Impugned order closing right of cross-examination was an "interim order" and the same was not appealable in terms of S. 21 of Sindh Rented Premises Ordinance, 1979---Section 21 of Sindh Rented Premises Ordinance, 1979 had specifically prohibited appeal against interim order---When Legislature did not intend to make interim order challengeable, going against said arrangement by exercising Constitutional jurisdiction would not be proper because in that case object of Legislature would be frustrated---Tenant would have right to appeal against impugned interim order along with final order of Rent controller---Constitutional petition was dismissed in circumstance.