Law: Civil Procedure Code (V of 1908)

Section: 12

Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, R. 12--Slowness of meter--Detection bill--Direction of--Deposit of disputed amount--Bank guarantee regarding detection bill--Validity--Challenge to--Condition of cash amount and condition of bank guarantee, relates to same nature, therefore, bifurcation of 50% with regard to cash and remaining 50% as bank guarantee does not seems to be difference in nature--It is also pertinent to mention here that, when stay application of petitioner was accepted by respondents, therefore, with proposed offer of changing of bank guarantee with surety bond did not effect rights of respondents--Petition is allowed and petitioner is directed to submit surety bond to tune of 50% amount of disputed bill before trial Court before further proceedings in case--It is made clear that if petitioner fails to abide above modification upto 11.3.17, then impugned order of appellate Court dated 30.3.13 shall stand revived--Petition allowed. ORDER Through this civil revision, the petitioner/plaintiff (hereinafter to be referred as "the petitioner") seeks the validity of impugned judgment dated 30.03.2013, passed by the learned Additional District Judge, Sheikhupura, whereby, the learned appellate Court, while allowing application under Order XXXIX, Rules 1 and 2 CPC, imposed the condition by directing the petitioner to deposit 50% of the disputed amount, in cash, and 50% amount through bank guarantee, regarding the detection bill within a period of one month. 2. Learned counsel for the petitioner contends that the business of CNG has been suffered a huge loss, and the dispute regarding slowness of meter, can be ascertained only through trill of the case, therefore, half of the disputed amount, which has already been deposited before the trial Court, and now the condition of deposit of remaining amount through bank guarantee is also in the nature of cash, which is harsh in nature. However, the petitioner is ready to furnish the surety bond to the extent of said amount. 3. Conversely, learned counsel for the respondents/defendants opposed the…

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