| Citation(s) |
|---|
| 2025 SLG 777 2025 SLD 777 = 2026 PLD 125 |
C.R No. 454-P/2024 with CM Nos. 789 & 961-P/2024
SYED MUDASSER AMEER, J
For petitioners: Mr. Asad Jan, Advocate. For respondent: Mr. Abdur Rehman, Advocate. Date of hearing: 24.02.2025
PESCO and others
VS
Dr. Kashmala Orakzai
Law: Code of Civil Procedure (CPC) , 1908
Section: 115
Law: Limitation Act, 1908
Section: 3,5
Summary of the Case:
The petitioners (PESCO and its Chief Executive) challenged the judgment and order of the learned Additional District Judge-X, Peshawar, dated 26.04.2024, which allowed the respondent's appeal and restored her suit that was dismissed for non-prosecution on 08.09.2021.
The respondent, the plaintiff, filed a suit against the petitioners for the illegal disconnection and removal of her electricity meter (SP-200591), and for the unauthorized replacement of her single-phase meter with a three-phase one. She also sought mandatory and permanent injunctions. The suit was dismissed due to non-prosecution, and an application for restoration was initially dismissed in April 2023. The appeal filed by the respondent was accepted in April 2024, restoring the suit and remanding it for a fresh decision.