Law:

Section:

Civil Procedure Code (V of 1908)-------S.100---Second appeal---Supplier supplied rice to Department and according to scheme of Government duly approved with consent of supplier, percentage of cut was deducted by supplier according to agreed rate, but Department arbitrarily raised rate of cut deduction and withheld amount so deducted for which Department was not vested with any right---Courts below concurrently decreed suit filed by supplier for recovery of amount arbitrarily and illegally deducted by Department from price of rice---Such decision did not suffer from any illegal infirmity---High Court declined interference in second appeal. Mian Abdus Sattar Najam., A: G. and Malik Muhammad Suleman Awan for Appellant. Ch. Manzoor Hussain Basra for Respondent. Date of hearing: 20th December, 1993. JUDGMENT This second appeal arising from a suit filed by the respondent for recovery of an amount of Rs.2,600 is directed against judgment 23-9-1972 passed by learned District Judge, Sheikhupura by which appeal filed by the appellant against judgment and decree dated 9-4-1971 passed by learned Senior Civil Judge, Sheikhupura through which the said suit of the respondent was decreed, has been dismissed. 2. The respondent supplied rice to the appellant at Narang Mandi under the scheme of Government approved for the year 1967-68, according to which 8.75% cut in the supplied Stock of Paddy Rice was agreed to be given which was to be deducted from the price of the rice due to the respondent. 3. The appellant subsequently raised the deduction of cut from 8.75 per cent. to 25.20 per cent. and on the said basis as also on the basis of Super Inspection Rs.2,600 was withheld from the amount due to the respondent on account of price of the rice supplied by him. 4. This act of the appellant was challenged by the respondent in the instant suit who prayed for a decree for the recovery of the said amount of Rs.2,600. 5 The learned trial…

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