Law:

Section:

Keywords: Costs, Trial Court, Disposed Of, Fresh Cause Of Action, Contentions, Apprehension, Premises, Order, Jurisdiction, Impugned Order, Restoration, Injunction, Temporary Injunction, Procedure, Orders, Cause Of Action Result: A. JUDGMENT This revision application is directed against the order dated 23rd December. 1979 passed by the learned IV Additional District Judge, Karachi. The said order came to be passed in the background of the following, facts. 2. The electric connection to the appellant's ice factory was dis connected by the respondent on 10th April, 1979 pursuant to a letter earlier issued on 9th April, 1979, which mentioned that the electric motor installed at the premises had been tampered with urauthorisedly. Aggrieved by the above action of the respondents a Suit No. 1419 of 1979 was filed by the applicant in the Court of learned civil Judge and on his injunction application an order dated 14th April. 1979 was passed directing that the connection should be restored. While this suit was pending, the respondent served the applicant with an electric bill demanding about Rs. 2,14,000. The applicant thereupon filed a second Suit No. 1755 of 1979 in the Court of the learned XVI, Civil Judge Karachi, and applied for injunction. The learned Civil Judge, by his order dated 14th July, 1979, directed the applicant to deposit the amount of bill in Court and ordered that the electric connection should no: be disconnected by the respondent till further orders. The applicant, being aggrieved by the said order, filed a miscellaneous appeal in the Court of the learned IV Additional District Judge, Karachi. Which ultimately came to be heard and disposed of as per impugned order. 3. Mr. Suhail Muzaffar, learned counsel for the applicant, contended that since a mandatory injunction had already been granted in Suit No. 1449 of 1979, the learned Civil Judge should not have passed any order on 14th July, 1979 putting the applicant to terms. He stated that such an order could only have been passed in Suit No. 1449 of 1979 and not in Suit No. 1755 of 1979 as the two suits were riot consolidated. 4. Mr. Saeed Ahmad learned counsel…

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