Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Declaratory decree for cancellation of energy consumption bill based on audit objection--Opportunity of hearing--Issuance of show-cause notice--Concurrent findings--Challenge to--Without going into deeper appreciation of available record, on having been confronted with situation that audit note is neither binding on consumers nor they could be held responsible for fault of Department as pointed out in Audit Report and demand was advanced to consumers without issuance of any show cause notice or affording them opportunity of hearing to adjudge their liability for payment of disputed amount, he has remained handicapped to react adequately. 1999 CLC 1591; 2002 CLC 1039 and 1988 CLC 501 ref. Duty of Court-- ----Appeal filed by petitioner before Lower Appellate Court was three days beyond limitation--Revisional jurisdiction--It is prime duty of Court to watch interests of a litigant, but law of limitation imposes some restrictions in filing of suits as well as appeals in order to save rival party from interminable litigation and such limitation can only be condoned, if circumstances mentioned in such petition are found to be beyond control of litigant or some plausible reasons have been assigned, but in this particular case, petitioners did not append any application for condonation of delay with appeal filed by them before learned lower Appellate Court--So learned lower Appellate Court justly and elaborately knocked out petitioners on point of limitation--In such facts and circumstances, there does not appear any good ground to interfere with impugned s and decrees in exercise of revisional jurisdiction--Civil revision was dismissed. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE---.--- The instant Civil Revision calls in question concurrent findings of two Courts below whereby declaratory decree for cancellation of energy consumption bill based on audit/objection note was granted to the respondents/plaintiffs vide judgments impugned herein. 2. Arguments heard and record scanned. 3. Without going into deeper appreciation of available record, on having been confronted with the situation that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492