1. MUHAMMAD HALEEM, C.J.--Leave to appeal was granted to consider whether an appeal lies against an order of the Rent Controller refusing to strike down the defence for non-compliance of the order for the payment of rent under section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959.
2. The High Court accepted the plea that the appeal was not maintainable on the ground that: "The order under section 13(6) refusing to strike off the defence is either incidental or collateral and 'does not embrace the whole gamut of the dispute'."
3. This view, however, stands superseded by the judgment of this Court in Mat. 2ubaida Begum v . Mst.
4. S . T . Naqvi 1986 SCMR 261. This being so, the counsel for the respondent rightly conceded that the High Court order should be set aside and the case be remanded to the High Court for decision on merits in accordance with law. We order accordingly. There will be no order as to costs.