In an ejectment petition filed by Respondent No. 2 against the petitioner and pending in the Court of learned Rent Controller Multan, evidence of the parties was recorded. The respondent filed an application to produce certified copies of some judicial records. This has been allowed by the learned Rent Controller vide order dated 7.10.2005.
2. Learned counsel for the petitioner contends that since the evidence of the parties had been recorded, respondent could not have been allowed to produce the said evidence in rebuttal.
Learned counsel for the respondent objects to the maintainability of the writ petition on the ground that the order is an interm procedural order.
3. Learned AAG has drawn my attention to the case "Syed Saghir Ahmad Naqvi vs. Province of Sindh through Chief Secretary" (1996 SCMR 165), to point out that since under the Statute i.e. Punjab Urban Rent Restriction Ordinance, 1959, an appeal against an interim order is barred such orders cannot be brought under attack in constitutional jurisdiction and concerned party should wait till passing of a final order and then to attack it before a competent forum.
4. I have gone through the copies of the records. Now I find that the respondent in fact wants to demonstrate that when a sum of Rs. 200000/- by way of advance rent, is stated to have been paid to him, he was in jail. I further find that it is the petitioner's own case that the respondent was in jail when the amount was paid. This being so no prejudice, in any case, has been caused to the petitioner by the said order and further I do agree with the learned AAG that this writ petition is not competent in view of said dictum of Hon'ble Supreme Court of Pakistan. Reference be also made to the case of "Abdul Rehman versus Haji Mir Ahmad Khan and others" (PLD 1983 SC 21).
5. Writ petition accordingly is dismissed without any orders as to costs.