Law: Civil Procedure Code (V of 1908)

Section: O.XLI,31

Law: General Clauses Act, 1897

Section: X,24A

(a)    Civil Procedure Code (V of 1908)-------O.XLI, R.31---General Clauses Act (X of 1897), S. 24A---Suit for recovery--Gas utility dues---Gas Sales Agreement---Binding terms---Error in departmental calculation of bill---Suit for recovery by SNGPL on account of outstanding gas charges detected due to under-billing---Legal heirs of original consumer claimed all dues had been discharged asserting that they were not liable for any miscalculation by meter-reader---Gas supply was disconnected---Issues were framed and evidence was recorded---Suit filed by SNGPL was dismissed, and so was the appeal--Question necessitating analysis included as to whether the department could under the contract recover the amount claimed?; what were the agreed terms and conditions of the contract?; whether the respondent/ consumer could avoid the responsibility to pay the amount?; whether the evidence produced by petitioner factually established short-billing?; and whether any mistake in recording the billing charges incorrectly could exonerate the consumer to avoid liability on detection of under-billing?---Both courts below concluded that it was the fault of meter-reader and demand from consumer was illegal---Held: The court below did not take the trouble of looking into the evidence and thereafter recording findings by giving reasons for the conclusions drawn---It was ignored that mere mistake of the departmental representative in process of calculation of bill could not be a ground to exonerate the consumer from paying the actual dues for consumption of gas and that the liability was to be regulated by terms agreed in the contract--Revision petition was accepted and the matter was remanded to the Appellate Court for decision afresh.(b)    Civil Procedure Code (V of 1908)-------O.XLI, R.31---General Clauses Act (X of 1897), S. 24A---Gas utility dues, recovery of---Appellate Court---Duty to record reasoned judgment---Judicial application of mind required---Judgment without considering evidence---Legality--Judgment recorded without considering evidence cannot be approved as it violates provision of O.XLI, R.31, C.P.C. which states that Appellate…