Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration to challenge multiplying factor detection bill of electricity in the year 1980---Authorities contested the suit---Trial Court dismissed suit on the ground that there was no cogent evidence to disprove the detection bill---Appeal filed by plaintiffs was allowed by Appellate Court---Disputed meter of the plaintiffs was checked by the authorities/officials in the absence of the plaintiffs---Plaintiffs were not issued any notice to show cause before issuing the detection bill or assessment to the loss of the Authority---Meters of high consumption were fitted with C.T. (current transfer) device and also with M.D.I. (maximum demand indicator) meter; the disputed connection was fitted with such apparatus---In presence of regular and constant checking by authorities, alleged misdeed was not possible by the consumer--High Court declined to interfere in revisional jurisdiction---Revisional petition was dismissed. THIS ORDER PASSED BY: MUHAMMAD NASEEM AKHTAR KHAN, JUSTICE:---.--- The petitioner- WAPDA has filed this revision petition against the judgment and decree dated 15-7-2003 passed by the Additional District Judge Pasrur District Sialkot, which resulted in the reversal of the judgment and decree dated 25-9-2001 passed by the learned Civil Judge Pasrur in a suit for declaration filed by the respondents. 2. The civil revision is contested from the side of the respondents. 3. Admittedly the respondents are consumers of WAPDA under Account No. PA-70.-M/6540 in the name of Madina Floor Mills Railways Road, Pasur. The electric meter of the Mills was checked by a team of WAPDA officials and a detection bill was issued on 4-11-1978 for a sum of Rs.32,004.55 with the allegation that the multiplying factor was of two whereas the meter was installed for multiplying factor of one. The respondents challenged the multiplying factor detection bill through a suit for declaration on 8-9-1980. The learned Civil Court framed the following issues:-- "(1) Whether the disputed bill dated 7-11-1978 is illegal, ultra vires, void and in-operative against the rights of the plaintiffs? OPP (2) Relief." 4. On behalf of the…

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