Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Specific Relief Act, 1877

Section: 42,55

Civil Procedure Code, 1908 (V of 1908)-- ----S. 96--Specific Relief Act, (I of 1877), Ss. 42 & 55--Suit for declaration and mandatory injunction--Partially decreed--Issuance of accumulative bill--Total consumption of default period--Increasing of slab rate--Challenge to--Claim of respondent to issue/charge him with consumption month-wise bill has force because otherwise on account of charging him accumulative total consumption of default period slab rate will causing him a huge loss--Trial Court rightly accepted prayer of plaintiff/respondent considering it reasonable/plausible, hence, not committed any illegality warranting interference, therefore, I do not find any reason to interfere in conclusion drawn by trial Court as same is in consonance with law and facts of case warranting no interference by this Court--Appeal was dismissed. [Pp. 209 & 210] A & B Judgment The accumulative bill issued by the appellant for the period of December, 2009 to May 2011 was challenged by the respondent through a suit for declaration alongwith mandatory injunction before the Judge Gas Utility Court, Faisalabad, under the provisions of The Gas (Theft, Control and Recovery) Act, 2016, which was partly decreed by the learned trial Court in the following terms: “Nut shell of above discussion is that, suit filed by plaintiff is partially decreed in way that defendant gas company is not entitled to recover price of gas of 238 HM3 for impugned meter as per Exh.P2 at a cumulative slab rate for whole consumed gas rather defendant gas company is entitled to recover price of gas consumed by plaintiff from December, 2009 to 30.03.2011, while dividing whole gas quantity consumed for that period on monthly basis and then as per slab rate for the gas consumed in each month separately.…

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