1. ' The appellant has filed this appeal to impugn order dated 9-10-1982 passed by Second Senior Civil Judge and Rent Controller, Karachi permitting the respondent to withdraw her rent case with permission to file fresh one.
2. ' The respondent is landlord while the appellant is her tenant in the house situated in Alimgir Road, Karachi. She had filed an ejectment case under section 15 of the Sind Rented Premises Ordinance, 1979 being rent case No,4422 of 1981 before the Rent Controller, Karachi, through her husband and attorney Shaikh Muhammad Ahmad. During the evidence produced by the respondent it transpired that the power-of-attorney executed by the respondent in favour of her husband was defective and did not authorize the attorney to file and verify plaints on her behalf. She therefore made an application before the Rent Controller on 22-4-1982 praying that she may be allowed to withdraw the rent case with permission to file fresh ejectment application.
3. ' On the above application the learned Rent Controller heard the parties and allowed the application.
4. ' Mr. Mohsin Tayyab Ali learned counsel for the appellant has argued that the. Rent Controller had no power under order XXIII, rule 1, (1) C.P.0 to permit the respondent to file fresh ejectment application. He has referred to section 20 of the Rented Premises Ordinance, 1979 which has given limited powers to Rent Controller under C.P.C. His argument is that a Rent Controller cannot resort to any provisions of C.P.0 other than those mentioned in section 20 of the said Ordinance and therefore the impugned order which has been passed under order XXIII, rule 1i C.P.C. is null and void.
5. ' Mr.H.A. Rehmani learned counsel for the respondent has on the contrary argued that a Rent Controller is not precluded from applying the provisions of C.P.C. on equitable principles to proceedings under the said Ordinance. In support of this plea he has relied on the case of Messrs Bambino Ltd. v. Messrs Selmore International Ltd. and another PLD 1983 SC 155 in which it has been held by Supreme Court that in spite of the provision contained in section 20 of the said Ordinance the Rent Controller is free to follow on equitable principle, the provisions of the C.P.C. In view of the above observation, the learned Rent Controller was fully competent to pass the impugned order permitting the respondent to withdraw the ejectment case with liberty to file fresh one. This appeal has no substance and is therefore dismissed with costs.