KARAM ALI Versus THE STATE

ORDER

This writ petition has arisen out of a civil suit brought by, the respondent, Habib Bank Limited, Zonal Office, Lahore, against the petitioner, Fazlur Rehman for his eviction from certain premises. After framing of the issues the petitioner was given several opportunities to produce evidence but he did not do so. His case was, therefore, closed and the case fixed for arguments. Feeling aggrieved by the order of the learned Rent Controller regarding the closure of his case, the petitioner has filed this constitutional petition.

2. As indicated above, application for ejectment of the petitioner is still pending decision. It is at the stage of arguments. If the application is decided against the petitioner he will be able to challenge the order of eviction before the appellate tribunal and, while so doing, he will be at liberty to assail the order relating to the closure of evidence also. In case, the application is dismissed by the learned Rent Controller the petitioner will have no worry. In view of the availability of the remedy of appeal to the petitioner in the event of his failure in the ejectment petition, therefore, I am not inclined to exercise the extraordinary jurisdiction vested in this Court.

3. Accordingly, this writ petition is not entertained and is dismissed in limine with the aforesaid observations.

M.BA./F‑20/L Petition dismissed.