Law: Specific Relief Act, 1877

Section: 42, 54

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and injunction---Show-cause notice--Allegations, failure to prove--- Petitioner / Province of Sindh was aggrieved of decree passed in favour of respondent / plaintiff declaring that allegation of lifting of wheat from sea port and embezzling wheat bags was not proved by authorities--Validity---Nothing was brought on record to show that flour mills had filed any complaint before any forum with regard to non-delivery of imported wheat bags, which as per allegation were misappropriated by respondent / plaintiff---Petitioner / authorities could not establish any financial loss to Provincial Government for the reason that wheat bags were allowed to be lifted on submission of pre-paid challans by four mills before relevant authority against bilties (waybills) issued by Food Department to such effect---No suit or proceedings whatsoever were initiated by Food Department for recovery of missing bags of imported wheat or alleged financial loss against respondent / plaintiff or official of Food Department who were also issued show-cause notices on the same set of allegations---Supreme Court declined to interfere in judgment and decree passed by High Court in favour of respondent / plaintiff as the same did not suffer from any error or illegality--Petition for leave to appeal was dismissed and leave to appeal was refused. JUDGMENT AQEEL AHMED ABBASI, J.---Through instant petition for leave to appeal, the petitioners have assailed the order dated 10.10.2022 passed by the learned Single Judge of Sindh High Court (Sukkur Bench), whereby, the Civil Revision Application No. S-42/2011 was dimissed. Briefly, the facts, as stated in the impugned judgment, passed by the Sindh High Court, Sukkur Bench are that the respondent filed a suit for declaration and injunction bearing No. 145/1998 against the petitioners and three others alleging that he was carrier of Flour Mill owners of Sukkur Division to transport wheat stock from Port Qasim, Karachi to their Flour Mills at Sukkur on pre-paid challan. It was alleged that the respondent was only under obligation to provide transportation facilities loading the…