Case Details

Citation(s)
2026 SLG 2052 2026 SLD 2052 = 2026 CLC 748
Lahore High Court
Writ Petition No. 46461 of 2025, decided on 4th September, 2025.
Presented By: Before Malik Waqar Haider Awan, J
Ch. Muhammad Shahid Iqbal for Petitioner. Bashir Ahmad Mirza for
Respondent No. 1.

MUHAMMAD ASHRAF ---Petitioner

VERSUS

SUI NORTHERN GAS PIPELINES LIMITED COMPANY and another --Respondents

Law: Constitution of Pakistan, 1973

Section: 199

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

Section: 20,31

Law: Civil Procedure Code (V of 1908)

Section: VII,11

(a)    Constitution of Pakistan--- ----Art.199---Interlocutory order---Statute barring appeal, review or revision--Constitutional petition---Maintainability---It is for the Court to decide regarding maintainability of such a Constitutional petition, seized of the matter, to appreciate whether the (interlocutory) order is hitting root of the case and if the defect is not rectified, trial may become defective, and upon its conclusion Appellate Court has to remand the case to cure the defect---This would be sheer wastage of public time and may cause delay in outcome of final decision. Utility Stores Corporation of Pakistan Limited v. Punjab Labour Appellate Tribunal and others PLD 1987 SC 447 rel. (b)    Interpretation of statutes--- ----Court, duty of---Scope---Rudimentary rule for interpretation of a statute is to remain faithful to the intent of lawmaker and adopt an interpretation which supports attainment of statute s objective. (c)    Gas (Theft Control and Recovery) Act (XI of 2016)--- ----Ss. 20 & 31---Constitution of Pakistan, Art.199---Constitutional petition--Recovery of arrears of dues of any kind---Limitation---Petitioner was aggrieved of dismissal of his application by Trial Court declining to frame specific issue pertaining to limitation for recovery proceedings---Validity---Bar of limitation does not apply for recovery of arrears of dues of any kind---Framing of issue regarding limitation was against the intention of framers of the statute and would be a futile exercise---Trial Court framed issue regarding maintainability of suit under O.VII, R.11, C.P.C. which was wider in sense and would cover all legal permissible objections---High Court declined to interfere in the order of Trial Court, as petitioner failed to pinpoint any illegality, legal infirmity or perversity in the order---Constitutional petition was dismissed in circumstances. Sui Southern Gas Company Limited through Sub-Attorney v. Irshad Ali Bhutto and another PLD 2024 Sindh 205 and Muhammad Waqas v. Judge Family Court, Lodhran and 4 others 2020 CLC 680 Distinguished. Sui Northern Gas Pipe Lines v. Ghulam Hazrat F.A.O. No. 108-P/2019;…
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