SARDAR MUHAMMAD RAZA KHAN, J.--Ghulam Zikria Qureshi, the petitioner before us is a respondent/tenant in proceedings of ejectment before the learned Rent Controller filed by Khawaja Ghulam Murtaza Lone, as the landlord. Almost at the end of such proceedings, the petitioner/tenant came up with the prayer that a Local Commissioner be appointed to ascertain the serial number of his shop because the number of his shop was 394 whereas the ejectment proceedings had been initiated for Shop No,392.
2. Such application was disallowed by the learned Rent Controller and also by the learned Additional District Judge, holding that no interlocutory order of a Rent Controller could be challenged in appeal and that such orders were also not challengeable through a revision under section 115, C.P.C. Which was never applicable to proceedings under Rent Restriction Ordinance.
3. It is a settled principle of law that no interlocutory order of a Rent Controller can be challenged in appeal which is specifically barred under section 15 of the Urban Rent Restriction Ordinance, 1959.
Similarly the revisional jurisdiction under section 115, C.P.C. Can also be not invoked because such provisions of the C.P.C. Are not applicable to the proceedings before a Rent Controller.
4. So far as the merits regarding the appointment or otherwise of the Local Commissioner are concerned, we decline to enter into the details thereof because the petitioner can challenge the same in regular appeal against the final order of the Rent Controller, if and when passed. As the remedy to the petitioner is still available, we refuse to exercise our Constitutional jurisdiction. The writ petition alongwith C.M. No,2598 of 1999 is hereby dismissed in limine.