2015 CLC 1383 ISLAMABAD

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Dr. ARIF HAYAT VS SHER MUHAMMAD PLD 1999 SC 1101, PLD 2012 Lah. 490, Code of Civil Procedure 1908--151 , Islamabad Rent Restriction Ordinance 2001--17 , Specific Relief Act 1877--12 , S. 17---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), S.151---Suit for specific performance of agreement to sell---Petition for ejectment of tenant---Consolidation of eviction petition and civil suit---Application for consolidation of civil suit with eviction petition was dismissed---Validity---Apprehension of conflict findings existed in the cases pending between the parties on similar issues---Matters were at preliminary stage and same could be decided together by consolidation---No bar had been provided in relevant laws to proceed an eviction application by adopting procedure laid down under Civil Procedure Code, 1908---Civil court might not act as Rent Controller while proceeding with such a case---Trial in the eviction application was a sort of inquiry affording the parties an opportunity of hearing---Other procedure laid down in Islamabad Rent Restriction Ordinance, 2001 was summoning and enforcing the attendance of the witnesses and examining them on oath---Compelling the discovery and production of documents and other material evidence or issuing a commission for the examination of witnesses were powers already exercised by the civil court---If any other power was exercised while deciding eviction application for which no bar was provided by law then it would not make Islamabad Rent Restriction Ordinance, 2001 redundant---Scope of such law was not deemed to be inadequate if civil suit was tried together with the eviction application---Impugned order passed by the Trial Court was not tenable under the law which was set aside---Application for consolidation of cases was accepted---Trial Court was directed to proceed with all the cases after consolidation of cases and commence proceedings from the stage where the same were left---Revision was accepted in circumstances.