2012 CLC 1897 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD PARVAIZ VS MUHAMMAD HANIF Code of Civil Procedure 1908--12 , Constitutional petition--TERM , Jurisdiction--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---eviction order, setting aside of---Jurisdiction---Ejectment application filed by landlord was allowed by Rent Controller and eviction order was assailed by tenant upto High Court but it remained undisturbed---Petitioner filed application under section 12(2), C.P.C. for setting aside of eviction order before Rent Controller, on the plea of want of knowledge---Application under section 12(2), C.P.C. was dismissed by Rent Controller for want of jurisdiction and the order of dismissal was maintained by Lower Appellate Court---Validity---Last in series of judgments / decrees and orders, which was no longer further alterable and which had acquired finality, that court would be the court of passing judgment / decree or orders finally and, therefore, application under section 12(2), C.P.C. was maintained in that court for the reason that judgments / decrees and order passed by courts below merged in judgments/orders passed by last court, therefore, courts below were not competent to set aside or alter judgments or orders passed by Appellate Court---High Court declined to interfere in the matter, as Rent Controller and Lower Appellate Court had rightly dismissed application under section 12(2), C.P.C. and appeal from that order---Petition was dismissed in circumstances.