Law:

Section:

Civil Procedure Code, 1908 (V of 1908) --.-- --.-- S. 115 --.-- Civil revision --.-- Dispute of metering equipment --.-- Jurisdiction of Civil Court to adjudicate controversy --.-- Validity --.-- Suit was filed by a consumer against petitioners seeking declaration --.-- Civil Court had no jurisdiction in the matter and it is only electric inspector, who can adjudicate dispute between the parties. PLD 2012 SC 371, 2006 MLD 636 ref. JUDGMENT Through this civil revision the petitioners have called in question the judgments and decrees dated 29.09.2010 passed by trial Court and that of appellate Court whereby suit filed by the respondent was decreed and appeal of the petitioners against the decision of trial Court was dismissed. 2. Brief facts of the case are that a suit was filed by the respondent against the petitioners seeking a decree for declaration and permanent injunction. It was stated that father of the respondent-plaintiff had obtained electricity connection for installation of tubewell under Reference No. 05-1551-17585007-R. After death of father of the respondent the electric connection is being used by him. The bills were issued to the respondent with excessive amount, the respondent time and again requested the petitioners to rectify the fault and send bills according to actual consumption. In December, 2005, petitioners issued bill of Rs. 67,888/- , this was result of wrong reading of meter because this much electricity was never consumed. The detection bill so issued was against the factual position. 3. The petitioners in their written statement contended that respondent has no cause of action. The suit is not maintainable and was filed in a mala fide manner, that respondent was found to have tempered the meter, the meter was checked by M&T Teams seals of the meter were found tempered. Resultantly Notice No. 1327 dated 18.02.2006 was issued to the plaintiff, the detection bill was lawfully issued to the plaintiff. 4. The learned trial Court framed necessary issues, recorded evidence of the parties, after hearing the parties decreed the suit videjudgment and decree dated 29.09.2010. The verdict of trial Court was challenged in appeal, the appeal…

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