Law: Gas (Theft Control and Recovery) Act, (XI of 2016)

Section: 13, 7

Law: Code Of Civil Procedure, 1908.

Section: Order XV-A

ORDER Held: The Gas (Theft Control and Recovery) Act, 2016---Section 13---Appeal---Limitation--- Delay---Leave to Defend---Section 7---Order XV-A, CPC---Gas Utility Court---Under-billing--- Fault Volume---Deemed admission---Respondent, CNG consumer, challenged gas bill containing fault volume and under-billing amounts---Gas Utility Court decreed suit under Order XV-A CPC due to appellant’s failure to file leave to defend within statutory period---Held, appeal filed beyond 30 days prescribed under Section 13 of Act, 2016 was hopelessly time-barred---time spent in obtaining certified copy of impugned judgment after expiry of limitation not excludable---No application for condonation of delay filed nor sufficient cause shown---Once limitation expired, vested right accrued in favour of respondent---Even otherwise, appellant admittedly appeared before Trial Court but failed to file application for leave to defend within 21 days as mandated by Section7 of the Act of 2016---Belated leave to defend filed after seven months was incompetent---Allegations in plaint deemed admitted---Plea of non-service contradicted by record and appellant’s own inconsistent stands---Strict compliance with statutory timeline under Section 7 mandatory---No violation of due process established---Appeal dismissed. (RFA dismissed) Laws & Sections Used Gas (Theft Control and Recovery) Act, 2016 Section 13 – Appeal (30-day limitation) Section 7 – Leave to defend (21-day requirement) Code of Civil Procedure, 1908 (CPC) Order XV-A – Special procedure (leave to defend cases) Limitation Principles (Case Law) Each day of delay must be explained (case precedents cited) 2-Word Description Time-Barred Appeal       JUDGMENT This appeal under Section 13 of the Gas (Theft Control and Recovery) Act, 2016, is directed against the judgment and decree dated 23.11.2022, passed by the learned Additional District Judge-I/ Judge, Gas Utility Court, Peshawar ("Trial Court"), whereby the suit of the respondent I plaintiff seeking declaration, perpetual prohibitory injunction, and mandatory injunction was decreed under the provisions of Order XV-A of the Code…