1. ' In this case proceedings for ejectment of the petitioner are going on in the Court of the learned Rent Controller, Rawalpindi, wherein the third of November, 1977, was fixed as a date of hearing for evidence of the petitioner. On that date the petitioner was not present and he submitted a medical certificate and prayed for adjournment. The learned Rent Controller, without referring to that certificate, closed the evidence of the petitioner and adjourned the case for arguments to 8-11- 1977. The present writ petition has been filed against the aforesaid order of the learned Rent Controller. The case came up before me on 7-11-1977, when I admitted it to a regular hearing and passed the following order :- "It is argued that a medical certificate was produced to the effect that the petitioner was suffering from malaria, but the learned Rent Controller has not referred to that certificate nor dealt with the same. It is argued that under Order XVII, rule 3, C. P. C. The failure to produce evidence should be such which is deliberate and is not due to, for instance, illness of a party due to circumstances beyond his control. Learned counsel also submits that his client will not lead any further in the case, except only making his own statement, because the rest of the evidence he has already been led.
2. Admit. Notice. Further proceedings stayed meanwhile. To come up for final hearing before any bench on 14-11-1977. The process should be sent telegraphically, at the expense of the petitioner, to the learned Rent Controller, who should serve the respondents to appear in this case on the 14th of November, 1977. Copy dasti on usual charges."
3. The case has come up for final hearing today, Mr. Jehangir Iqbal, the Landlord, is present in person along with his learned counsel Mr. Aamar Raza A. Khan. Mr. Jehangir Iqbal has submitted that in view of the simplicity of the matter as highlighted in the admitting order, he would have no objection if the case is remanded to the learned Rent Controller and the petitioner is given one date to appear and make his statement as his own witness. In the admitting order, it has already been conceded by the learned counsel for the petitioner, that his client will make only his own statement and no further evidence of any kind will be led by him. In that view of the matter, the present writ petition is accepted and the case is remanded to the learned Rent Controller. The parties are directed to appear before the learned Rent Controller on 3-1-1978. The petitioner, Mohammad Sadiq, is present in person in Court. He has been informed of this date. On the date fixed, it is reiterated that he will make only his own statement and the case will be closed to proceed further for arguments, , There shall be no order as to costs.