Law: Oil and Gas Regulatory Authority Ordinance, 2002

Section: 6(2)(q),11,12,43

Law: Specific Relief Act, 1877

Section: 42,55

(a) Civil Procedure Code (V of 1908)--O. I, R. 9---Specific Relief Act (I of 1877), Ss. 42 55---Suit for declaration and mandatory injunction---Disconnection of gas supply---Non-impleading of gas company in the suit---Effect---Admittedly, the contract of the petitioner-consumer for supply of gas was with Gas Supply Company but said Company had not been arrayed as defendant in the suit---Such defect of non-impleading of company as party to the suit, was fatal and went to the root of the case---Suit was not proceedable without impleading the company---Petition for leave to appeal was dismissed and leave was refused. Sh. Shajar Hussain v. Haji Abdul Majeed and others 2006 SCMR 913 ref. (b) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)---Ss. 6(2)(q), 11, 12 43---Specific Relief Act (I of 1877), Ss. 42 55---Suit for declaration and mandatory injunction---Consumer of natural gas accused of tampering with gas meter---Disconnection of gas supply---Suit filed by consumer before the civil court for restoration of gas connection---Maintainabilitys (consumers) civil suit before the Civil Court was not maintainable as under the Oil and Gas Regulatory Authority Ordinance, 2002 (the Ordinance) the Oil and Gas Regulatory Authority (the Authority) had the exclusive jurisdiction to determine the matters in its jurisdiction as set out in the Ordinance and the jurisdiction of the Civil Court was barred---In the present case when it was found that the meter was tampered, the gas supply company (the company) had charged the average bill, and detection and evaluation committee of the company fixed a fine, which action was within the jurisdiction of the company, therefore, the bar contained in the Ordinance against filing of civil suit was applicable and civil court had no jurisdiction in the matter---Petition for leave to appeal was dismissed and leave was refused. General Manager, SNGPL, Peshawar v. Qamar Zaman 2021 SCMR 2094 ref. (c) Jurisdiction---Bar of jurisdiction of civil court mentioned in a statute---Scope---If in any statute there was a bar of plenary jurisdiction of civil court, the bar would be applicable if the authority acted in accordance with the said…

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