Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.10,24

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.10,24

Civil Procedure Code (V of 1908)-------O. XXI, Rr.10 & 24---Decretal amount deposited with -debtor (WAPDA), recovery of---Suit for declaration, permanent injunction and recovery of assessment amount was decreed in favour of consumer/decree-holder (petitioner)---During execution proceedings, consumer requested for payment/refund of decretal amount from the Authority/ -debtors (respondents), but said plea was refused by Trial Court and Appellate Court---Validity---Admittedly decree was passed in favour of consumer, which was to be executed in its letter and spirit---Decretal amount was deposited by the consumer, in cash, with the Power Authority---Power Authority was unable to produce any law, rules or regulations for not paying the decretal amount, and adjusting the same in the monthly bills of the consumer---Power Authority was not authorized to retain the money deposited in its account, in cash, for an indefinite period---Both Courts below had not given any justified reason for not allowing the decretal amount to the consumer, in cash---Revision petition was allowed and Power Authority was directed to release the decretal amount to the consumer, within seven days, failing which they would be liable to pay mark-up, per day, on the unpaid decretal amount. Hamid Hussain for Petitioner. Gul Nazir Azam along with Charagh, S.D.O. for Respondent. Date of hearing: 12th November, 2012. JUDGMENT WAQAR AHMAD SETH, J.--- Through this judgment I intend to dispose of Civil Revision No.371 of 2012 also as both the Civil Revisions are on the same question of law and facts between the same parties. 2. Impugned herein is the judgment and decree dated 20-1-2012 of learned Additional District Judge-V, Nowshera whereby appeal of the petitioner against the order dated 17-9-2011 passed by learned Civil Judge-II, Nowshera for recovery of the decretal amount in shape of cash payment was turned down, has been dismissed. 3. Precise background of the present civil revision is that petitioner/decree-holder brought a suit against the present respondents/ judgment-debtors for declaration, permanent injunction and recovery of assessment amount etc. The trial Court ultimately decreed the…

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