| Citation(s) |
|---|
| 2007 SLG 3218 2007 SLD 3218 2007 PLJ 161 |
Peshawar High Court
C.R. No. 1462 of 2005, heard on 24.11.2006
IJAZ-UL-HASSAN, J.
Mr. Asadullah Jan, Advocate for Petitioner. Mr. Naveed Akhtar, Advocate for
Respondents.
C.R. No. 1462 of 2005, heard on 24.11.2006
IJAZ-UL-HASSAN, J.
Mr. Asadullah Jan, Advocate for Petitioner. Mr. Naveed Akhtar, Advocate for
Respondents.
SAID ALEEM JAN
VS
PESCO (WAPDA) through Chairman & others--Respondents
Law:
Section:
(i) Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Revisional jurisdiction--Administration of justice--Suit for declaration as well as damages--No justification to call upon plaintiff to pay excess amount of electricity bill and disconnection of electricity supply--Misreading/ non-reading of evidence--Appreciation of evidence--Trial Court suffered from grave legal errors and was not sustainable in law, whereas the of the appellate Court was neither contrary to the evidence nor in violation of the principle of administration of justice--There was specific evidence on record which shows the misuse and stealing of electricity by illegal means--No infirmity in the impugned , which justified interference in revisional jurisdiction--Revision dismissed. [Pp. 162 & 163] A & C (ii) Civil Procedure Code, 1908 (V of 1908)-- ----O. XLI, R. 31--Objection regarding non-compliance of the rule--Points for determination--Held: Appellate Court had given its findings on all the points of controversy and no prejudice appeared to have been caused to the petitioner; to give the issuewise findings by the Appellate Court was not the requirement of law. [P. 163] B 1991 SCMR 1868 and 2000 CLC 709, ref. Judgment Facts relevant for disposal of the present civil revision in brief are, that Said Aleem Jan, plaintiff, instituted suit on 17.1.2004 in the Court of Senior Civil Judge/Aala Illaqa Qazi, Malakand at Batkhela, against PESCO, through Chairman WAPDA Lahore and others, defendants, for a declaration to the effect that defendants had no justification to call upon the plaintiff to pay amount in excess of the electricity consumed or disconnect the electricity supply from the premises of the plaintiff and that defendants were bound to send revised and correct electricity bill to the plaintiff for the month of December, 2003, after deducting the excess, amount. The plaintiff also prayed for recovery of Rs. 20,000/- as damages. 2. The suit was contested on all grounds, legal as well as factual and the allegations of the plaintiff were denied. The trial Court after framing as many as seven issues, arising out of controversial pleadings of the parties, called upon them to produce…
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