1. ' The appellant has, by this appeal, challenged the orders of the striking off the defence of the appellant and the consequent ejectment. Today, Civil Miscellaneous Petition (No, 2404/C-80) is fixed for confirmation or otherwise of the stay by me on 25-5-80 but the main appeal itself has abated by operation of law.
2. The Punjab Urban Rent Restriction 'Ordinance (VI of 1959) was amended by Ordinance IX of 1979 which came into effect on 12-9-1979. Section 15 of Ordinance VI of 1959 has been substituted by a new section under the amending Ordinance, 1979. The relevant provision thereof is subsection (7) of section 15 which reads:- "(1) The order of the Controller subject to the result of appeal, if any, shall be final and shall not be called in question in any Court of law, including the High Court, by suit, appeal or otherwise."
2. ' Section 15 of the Ordinance has been further amended by the Punjab Urban Rent Restriction (Amendment) Ordinance, 1980 (VIII of 1980) whereby subsection (8) has been added, which reads:- "(2) The provision of subsection (7) shall apply to every application under the Ordinance irrespective of whether it was filed before or after the commencement of the Punjab Urban Rent Restriction (Amendment) Ordinance. 1979 (IX of 1979) and all appeals filed in the High Court from the orders of the District Judge or the Additional District Judge passed after the said commencement, shall stand abated: ' Provided that this provision shall not be deemed to invalidate the judgments already delivered by the High Court in any such appeals."
3. The impugned order was passed by the Additional District Judge on 29-3-1980 and the present appeal was preferred on 15-4-80. Subsection (2) of section 1 of Punjab Ordinance VIII of 1980, which came into force on 19-6-1980, has specifically provided that subsection (8) of section 15 of the Ordinance shall be deemed to have taken effect on and from the date of commencement of the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979, i,e, 12-9-1979. According to subsection (8) of section 15, this appeal, by operation of law, stands already abated with effect from 19-6-80. In view of the position of law, no specific order need be passed declaring the formal abatement of this appeal which stands already abated nor any order is required to be passed on the civil miscellaneous application.
4. Appeal abated.