Pakistan Case Law
1988 SCMR 1421

ISMAIL Versus GUL INAYAT SHAH

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Citation1988 SCMR 1421
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.307‑K of 1986
Date1987-03-29
Judge(s)Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza
Authored byAbdul Kadir Shaikh
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, addressing whether the provisions of section 12(2) of the Code of Civil Procedure are applicable to cases decided under the Sind Rented Premises Ordinance, 1979. The core legal question concerns the applicability of procedural remedies against judgments and orders under special rent laws. The court granted leave to appeal to consider this question of law, ordered that security be deposited, and directed that the appeal be heard on the existing record with liberty to file additional documents. As part of its interim holding, the court restrained the eviction of the petitioner from the demised premises pending the decision of the appeal, subject to the condition that the petitioner continues to deposit the rent in court. The key principle highlighted relates to the examination of whether general procedural provisions like section 12(2) govern special statutory jurisdictions.

Questions settled in this judgment
  • Are the provisions of section 12(2) of the Code of Civil Procedure applicable to cases decided under the Sind Rented Premises Ordinance, 1979?
Laws & provisions referred
  • Section 12(2), Code of Civil Procedure 1908
  • Sind Rented Premises Ordinance, 1979
leave to appealrented premisescivil procedureinterim injunctioneviction

ORDER

1. ABDUL KADIR SHAIKH, J. ‑‑The question of law that, inter alia deserves consideration is whether the provisions of section 12(2) of the Code of Civil Procedure are applicable to cases decided under the‑Sind Rented Premises Ordinance, 1979.

2. Leave is granted. Security Rs.1,000.

3. Appeal will be heard on the present record at an early date but it is open to the parties to file additional documents, if any.

4. Petitioner shall not be evicted from the demised premises till the appeal is decided, provided he continues to deposit rent in Court.

5. M. I./I‑34/S Leave granted

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