2009 PLD 356 KARACHI-HIGH-COURT-SINDH

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TANVEER SIDDIQUI VS MUHAMMAD RASHID 2008 SCMR 635, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ss. 17 & 24---Ex parte eviction order---Written statement, non-filing of---Rent Controller took six months to come to final stage for closing the side as tenants failed to file written statement and Rent Controller passing eviction order against tenants---Validity---Tenants themselves were not keen to safeguard their own interest and took the matter with Court very lightly---Tenants appeared in Court when all modes of services were exhausted and even thereafter failed to file written statement from 9-9-2008 to 22-11-2008---It was not only the responsibility of counsel but of the party of case itself to appear before Court but none had appeared---Order passed by Rent Controller also showed that some junior counsel of tenants was also present which showed that tenants had full knowledge about development in the case but no step was taken notwithstanding the fact that appropriate action could be taken and even required written statement could be filed in the office of Court at any convenient time and date to avoid ex parte order but that had not been done---Tenants were themselves indolent and High Court declined to interfere in ex parte eviction order passed by Rent Controller against them---Appeal was dismissed in circumstances.