1. ' Appellant Mst. Khairun Nisa has called in question the ex parte Order, dated 24-5-2000 passed by the learned V-Rent Controller (South), Karachi, in Rent Case No,848 of 1995, whereby the appellant was directed to hand over the peaceful possession of the demised premises within 60 days from the date of order, hence this appeal.
2. ' At the very outset, Mr. Shafaat Hussain, learned counsel for the appellant has drawn my attention to the impugned order, dated 24-5-2000 at page 2 and page 3 by contending that the Ejectment Application has been allowed without giving opportunity to the appellant. He has further contended that the notice has published in daily Newspaper "Nawai Waqt", dated 13-5-1999 and on 22-5-2000 the service was held good against the defendant's L.Rs, Learned counsel for the appellant submits that from where the L.Rs, of defendant came as the caption of the Rent Case reveals that the opponent is Khairun Nisa and nowhere it is mentioned that Khairun Nisa through L.Rs, Thereafter the matter was fixed for filing of written statement on 23-5-2000, when opponents were called absent and thereafter ex parte order was passed by learned Rent Controller. According to Mr. Shafaat Hussain no chance has been given to the appellant to contest the matter.
3. ' On the other hand Mr. Khalid Daud Pota, learned counsel for bthe respondent has contended that the appellant has indulged in delaying tactics and is at fault, however, he has no objection, if the case is remanded to learned Rent Controller to provide full opportunity to the appellant and thereafter to decide the matter in accordance with law, subject to payment of costs.
4. ' I have heard Mr. Shafaat Hussain, learned counsel for the appellant, Mr. Khalid Daud Pota, learned counsel for the respondent and have gone through the ex parte order and the material available on record.
5. ' Admittedly, application under Order 5 Rule 20 read with section 151, C.P.0 was filed by the respondent/landlord for substitution of service by way of publication and the same was allowed on 26-4-2000 and the notice was published in daily Nawa-i-Waqt, dated 13-5-1999 and the service was held good against defendant's L.Rs, It has boggled the mind as to from where L.Rs, came into aforementioned Rent Application as the caption of the Rent Case reveals that the Opponent is Khairun Nisa and nowhere it is mentioned that Khairun Nisa through L.Rs, The matter then was adjourned for filing of Written Statement and the L.Rs, of the appellant were called absent and the matter was then fixed on 24-5-2000 for filing of affidavit in ex parte proof and on the same day Ex parte Order has been passed by learned Rent Controller and this shows that the appellant has not been given full opportunity to contest the matter.
6. ' In view of the above discussion, I set aside the Ex parte Order, dated 24-5-2000 and remand the case to learned Rent Controller with direction to give full opportunity to parties, particularly, the appellant to contest the matter and thereafter to pass judgment in accordance with law. The learned Rent Controller is further directed to decide the matter expeditiously.
7. ' Since Mr. Khalid Daud Pota, learned counsel for the respondent has raised the point of costs, accordingly, the appeal is allowed subject to payment of costs of Rs,5,000. The parties are directed to appear before the learned Rent Controller on 12-4-2001.
8. ' The Office is directed to send the R&P as soon as possible.