Law:

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Constitution of Pakistan (1973)-----Arts.185(3) & 199(4-A)---Civil Procedure Code (V of 1908), O.XXXIX, R.4-A---Interim injunction---High Court observing in its order that "as the electric supply to the petitioner's premises has been disconnected while the order of this Court directing restoration of the electricity was subsisting and it is yet to be decided whether that order had ceased to be operative or not after the expiration of six months' period it appears just and expedient that the electric supply be restored to the petitioner "---Contention that High Court had fallen into error in not complying with the Constitutional bar regarding continuance of stay order---Leave to appeal granted to consider the contention raised and other connected questions---Supreme Court, in the meanwhile, treating case for purpose of jurisdiction of the Court as a fresh case and order, vis-a-vis, the grant of stay, directed that the respondent shall furnish fresh adequate security with the condition that in case of his failure, the disputed amount shall be paid together with customary market profits from the date the High Court passed original order of stay. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the WAPDA, against an interim order passed by the High Court, in a Writ Petition filed by the respondent relating to the respondent's liability to pay electricity bill and its consequences. The High Court, had in an earlier order stayed the recovery of the amount subject to the furnishing of security. After expiry of necessary period, during the hearing of a miscellaneous application, the High Court noted the petitioners' plea that the stay of recovery could not be continued any further, they relied upon the bar in this behalf contained under Article 199 of the Constitution. A learned Judge in the High Court issued necessary notice and further observed and ordered as follows:-- "As the electric supply to the petitioner's premises has been disconnected while the order of this Court dated 5-5-1985 directing restoration of the electricity was subsisting and it is yet to be decided whether that order had ceased to be…

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