Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Constitution of Pakistan, 1962

Section: 199

Law: Electricity Act, 1910

Section: 26(6)

Civil Procedure Code, 1908 (V of 1908)-- ----O.VII R. 10--Constitution of Pakistan, 1973, Art. 199--Electricity Act, 1910. S. 26(6)--Return of plaint--Bill of excess units--Powers of electric inspector--Jurisdiction--Challenge to--As per well-settled’ principles of law, in matters relating to examining and working of metering equipment and other similar apparatus, Electric Inspector, on account of possessing special expertise, has jurisdiction to entertain reference under Section 26(6) of Electricity Act, 1910--Civil Court has no jurisdiction in suchlike matters, only Electric Inspector has powers to take cognizance thereof--Rightly observed that Civil Court is not equipped with required instruments or expertise to evaluate technicality of claim, thus, matter squarely comes within domain of Electric Inspector and thus, rightly returned plaint under allowing revision petition filed by respondent-WAPDA has failed to point out any illegality or legal infirmity in impugned order of Revisional Court--Petition was dismissed. PLD 2012 SC 371 ref. ORDER Through instant petition, petitioner has assailed vires of order dated 28.10.2021, passed by learned Additional District Judge, Kasur, whereby respondent-WAPDA’s revision petition against order dated 12.01.2021, passed by learned Civil Judge, was allowed and plaint of the suit filed by petitioner, was returned under Order VII Rule 10 CPC. 2. Learned counsel for petitioner submits that the matter pertains to issuance of correct bill as per units consumed, therefore, Civil Court has got the jurisdiction to proceed in the matter. He further submits that observation of learned Additional District Judge that the matter has already been decided by the Ombudsman is wrong, as the said matter was regarding some other bill and had no nexus with the controversy involved in this case. He further submits that material aspects of the matter have been overlooked while passing impugned order, hence, same is unsustainable in the eye of law. In support, he relied upon Multan Electric Power Company Ltd. through ‘Chief Executive and another v. Muhammad Ashiq and others (PLD 2006 Supreme Court 328). 3. Conversely, learned Legal Advisor for…

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