Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Principle---Decision normally would not be disturbed in second appeal unless it is shown that decision is contrary to law or some material questions of law, materially effecting decision, were ignored. Messrs Anwar Textile Mills Ltd. v. Pakistan Telecommunication Company Ltd. 2013 SCMR 1570 rel. (b) Suit for damages--- ----Irregular electricity bills---Wilful harm, mental agony and suffering---Proof---Damages, Electricity Supply Company continuously issued wrong meter readings and bills to respondent---Trial Court ordered Electric Company to pay damages to respondent for causing willful harm and financial loss---Validity---Right of being compensated legally could not be obtained without resort to available legal remedies---Plea of Electric Company that respondent had no cause of action carried no weight---Issuance of wrong meter readings was not disputed by company hence they could not come with the plea that respondent had not suffered mental agony by acts of their officials---Proofs of suffering and agony could not be demanded in shape of written documents but may well be proved by circumstances established continuity of wrong actions on part of appellants as well as his approaches for redressal---Company legally could not take an exception to prove bona fide of its actions---Burden was upon company and a failure in such regard would always burden it to bear consequences as failure thereof burdened them to compensate the aggrieved---High Court declined to interfere in order passed by Trial Court and Lower Appellate Court as prima facie there appeared no illegality in and decree of court below---Second appeal was dismissed in circumstances. PLD 1975 SC 295; PLD 2006 Kar. 621; 2007 SCMR 1821 and 2008 YLR 206 ref. JUDGMENT SALAHUDDIN PANHWAR, J.--Appellant has challenged judgment dated 27th July 2015 passed by II-Additional District Judge Karachi Central in C.A. No.92/2012 whereby appeal of appellant was dismissed. 2. The facts of the case are that the respondent No.1 filed suit for damages on the plea that the appellants/KESC staff issued wrong bills in the months of January and February, 1998…

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