Law:

Section:

(a) Electricity Act (IX of 1910)--- ----S. 26(6)---Theft of electricity---Detection bill---Civil court, jurisdiction of---Scope---Objection raised with regard to question of law---Effect---Contention of WAPDA (defendant) was that when detection bill was issued due to theft of electricity against a consumer with regard to metering equipment then civil court had no jurisdiction in the matter---Suit was decreed concurrently---Validity---Detection bill was issued on the charge of slowness of meter---Jurisdiction of civil court was barred with regard to allegation of theft of electricity against the consumer due to metering equipment---Both the courts below had omitted to consider the said aspect of the case while passing the impugned s and decrees---Question of jurisdiction being a question of law could be raised by any party at any stage of proceedings even court itself was required to examine whether it had jurisdiction to proceed or not---Party would not be debarred from raising objection at later stage of proceedings even before higher forum merely that it had not raised any objection out of ignorance or for want of proper advise---Neither silence of party nor even waiver would confer the jurisdiction on a court not vested in law---Question of jurisdiction would go to the roots of case and same would render the entire proceedings coram non judice thereby vitiating the entire proceedings and making the illegal and void---Question of jurisdiction should be firstly decided by the court---Suit was remanded to the Trial Court without touching upon merits of the case---Impugned s and decrees were set aside---Trial Court was directed to decide the matter afresh considering the objection of jurisdiction---Revision was accepted in circumstances. Water and Power Development Authority and others v. Messrs Kamal Food (Pvt.) Ltd Okara and others PLD 2012 SC 371 and Executive District Officer Schools and Literacy, District Dir Lower and others v. Qamar Dost Khan and others 2006 SCMR 1630 ref. Water and Power Development Authority and others v. Messrs Kamal Food (Pvt.) Ltd Okara and others PLD 2012 SC 371 and Executive District Officer Schools and Literacy, District Dir Lower…

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