2008 SCMR 568 SUPREME-COURT

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SAEED PERVAIZ VS Syed MASOOD HASSAN Civil Procedure Code --Order XVII of C.P.C. Adjournments--3 , Constitution of Pakistan 1973--185 , Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Civil Procedure Code (V of 1908), O.XVII, R.3---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Striking off defence---Failure to produce evidence---Despite many opportunities provided by Rent Controller to tenant he did not produce his witnesses, therefore, his defence was struck oft' and eviction order was passed---Lower Appellate Court as well as High Court also maintained the eviction order passed by Rent Controller---Plea raised by tenant was that his defence was struck off without complying with the parameters as mentioned in O.XVII, R.3, C.P.C.---Validity---Number of opportunities were provided to tenant to produce evidence but he failed---Case was, therefore, finally fixed for his evidence on which date again tenant did not bother to produce evidence or to appear himself in court---Instead, affidavits of some of the witnesses were filed and that too by some other person, thus, defence of tenant was rightly struck off by Rent Controller---Supreme Court declined to interfere with the judgment passed by High Court---Leave to appeal was refused.