| Case ID |
42348f56-5bcf-44cf-945b-cff83e5dce77 |
| Body |
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| Case Number |
D-214 of 1999 |
| Decision Date |
Dec 23, 1999 |
| Hearing Date |
Dec 23, 1999 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners against the order of the Rent Controller. The Court held that the Rent Controller has the discretion to follow the provisions of the Civil Procedure Code (CPC) to ensure that rent proceedings are conducted smoothly and justly. The Court reiterated that the Rent Controller's powers are not confined to the strict application of the CPC but include a wide discretion to adopt a reasonable procedure deemed appropriate for achieving the ends of justice. The petitioners' argument that the application under Section 153 of the CPC was prohibited under Section 20 of the Sindh Rented Premises Ordinance was rejected, highlighting the Rent Controller's authority to correct clerical errors in execution applications, thereby reinforcing the principles of justice and equity. |
| Summary |
This case revolves around the interpretation of the Sindh Rented Premises Ordinance, 1979, and the application of the Civil Procedure Code in rent matters. The Sindh High Court addressed the powers of the Rent Controller, emphasizing the necessity for flexibility in procedural matters to ensure justice. The Court highlighted the importance of correcting clerical errors in execution applications, thereby supporting the principle that justice should not be hindered by procedural technicalities. The judgment reinforces the notion that legal practitioners must adhere to ethical standards, ensuring full disclosure of relevant legal precedents, including those adverse to their clients. Key themes include the balance between strict adherence to procedural rules and the pursuit of justice, the role of legal practitioners as officers of the court, and the overarching principles of fairness and equity in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Abdul Wahid,
Ali Muhammad
|
| Judges |
S. AHMED SARWANA,
GHULAM NABI SOOMRO
|
| Lawyers |
Illahi Bux Kehar
|
| Petitioners |
others,
MUHAMMAD SADDIQ
|
| Respondents |
others,
Mst. RUQAYA KHANUM
|
| Citations |
2001 SLD 2765,
2001 PLD 60
|
| Other Citations |
PLD 1966 SC 708,
PLD 1976 SC 422,
1980 SCMR 267,
1982 SCMR 33,
PLD 1965 SC 691,
1972 SCMR 359,
1982 SCMR 673,
PLD 1956 Lah. 892,
PLD 1984 Kar. 522
|
| Laws Involved |
Civil Procedure Code (V of 1908),
West Pakistan General Clauses Act (IV of 1956),
General Clauses Act, 1897,
Sindh Rented Premises Ordinance (XVII of 1979)
|
| Sections |
153,
Order 9, rule 13,
9,
20,
21,
20
|