Case Details

Citation(s)
1987 SLG 796 1987 SLD 796 1987 SCMR 1981
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 423 and 424 of 1987, decision dated: lst August, 1987.From the order of the Lahore High Court dated 30-6-1987 passed in C.M. 2799-C/87
SHAFIUR RAHMAN, JAVID IQBAL AND SAAD SAOOD, JAN, JJ
Muhammad Yawar Ali Khan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners (in both petitions).S. Abdul Aasim Jafri, Advocate-on-Record for
Respondents (in both petitions)

WAPDA and others

VS

Haji NIZAM DIN and another

Law:

Section:

Constitution of Pakistan (1973)-----Art.185(3)--Civil Procedure Code (V of 1908), S.115-Specific Relief Act (I of 1877), S.42--Electric supply to their premises having been disconnected, respondents filing suits seeking declaration that disconnection of Electric supply and subsequent issuance of detection bills were illegal and for injunction for restoration of connection-­Applications for interim relief rejected by Trial Court and appeals before Additional District Judge also remaining unsuccessful--High Court during pendency of revision petitions before it, directing petitioners to restore electric supply of respondents--Contention of petitioners that High Court was not justified, during pendency of civil revisions, to direct restoration of electric connection of respondents just for the reason that Electric Inspector was unable to decide whether there had been a theft of electricity or not that by issuing impugned direction, High Court had granted a relief to respondents to which they would have been entitled if they had succeeded in the suits--Held, such contentions needed examination but as the civil revisions were still pending in High Court, Supreme Court declined to make any comment which might affect their final disposal--Petitions for leave to appeal directed to remain pending and meanwhile orders of High Court would remain suspended. ORDER SAAD SAOOD JAN, J.--The supply of electricity to the premises of the respondents in these two petitions was disconnected and the meters removed by the petitioners or the allegation that the respondents had committed theft of electricity. Subsequently, the respondents were served with detection bills. The respondents filed suits inter alia to seek a declaration that disconnection of electricity supply and the subsequent issuance of detection bills were illegal and for injunction for the restoration of their electricity connection. Alongwith the suits, they also filed applications praying for interim relief by way of restoration of electric supply pendente lite. Their applications for interim relief were rejected by the trial Court and their appeals before the Additional District Judge also remained unsuccessful.…
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