Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XX, R.5---Specific Relief Act (I of 1877), Ss.29, 42 & 54---Suit for declaration, cancellation of instrument and injunction---Findings of issues, reason of---Trial Court neither referred the gist of evidence nor discussed the same---Trial Court was required to go through the record independently and reproduce the material portion of the evidence and resolve the issues with reference to the evidence by analyzing the same---Trial Court neither accepted the evidence of either party nor rejected the same---Arbitrary and mechanical conclusions were neither legal and lawful, nor rational, reasonable, plausible, and justifiable---Judgment/decree had been passed in violation of mandatory provisions of law---Appeals were accepted and case was remanded to the trial Court for decision afresh. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.---By this common judgment, we propose to dispose of Regular First Appeals Nos.1 and 21 of 2012, as both the appeals have been filed against the same judgment/decree and common questions of facts and law are involved. 2. The brief facts, relevant for the disposal of instant appeals are that the appellant/plaintiff (in R.F.A No.1 of 2012) instituted a suit for Declaration Cancellation of Gas Bills and Permanent Injunction against the respondent in the Court of Senior Civil Judge, Hub. It was averred in the plaint that the plaintiff/appellant is running business of Hotel by the name and style of 'Awaran Hotel', situated at RCD Road Hub. The appellant applied for installation of Gas Meter at his Hotel and the respondent installed Meter No.21372378M. On 28th January, 2003 abruptly Gas pressure became low and on checking, it transpired that the Meter is not running, whereupon; the plaintiff, on the next day early, in the morning, informed the respondent consumer service department and duly obtained receipt regarding the complaint so made by him. Despite complaint, repeated verbal, telephonic messages and visit of respondent's official at the hotel no efforts were made for the correction of the meter. So much so, in the month of August, 2003, the appellant again approached the respondent and showed…

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