Case Details

Citation(s)
2002 SLG 1362 2002 SLD 1362 2002 SCMR 1220
Supreme Court of Pakistan
hearing DATE : 4-02-2002
QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ

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Messrs SOHAIL TEXTILE MILLS LIMITED through Mian Najeeb Usman, Director

VS

WATER AND POWER DEVELOPMENT AUTHORITY through superintending Engineer, Electricity WAPDA, Shiekhupura .

Law:

Section:

(a) Civil Procedure Code (V of 1908)---S.115---Constitution of Pakistan (1973), Art. 185(3)---Revision---­Limitation---Condonation of delay---Leave to appeal was granted by the Supreme Court to consider the contention that the revision petition was badly barred by limitation but the delay was condoned for reasons devoid of substance and concurrent findings of fact recorded by the two Courts below were set aside by the High Court without highlighting instances of misreading and non-reading of evidence. (b) Electricity Act (IX of 1910)---S. 39---Constitution of Pakistan (1973), Art.185(3)---Slowness of electric meter---Leave to appeal was granted by the Supreme Court to consider the contention of the consumer that High Court had not only overlooked the admission of Executive Engineer that he had checked the meter through a Revolving Selector Switch and had not sent the same to the laboratory for testing but also the statement of Electric Inspector, a witness, that it was not possible to judge the slowness of meter through a Revolving Selector Switch. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---The petitioner-company had filed a suit before the learned Civil Judge, Sheikhupura wherein a prayer was made to the effect that the Electricity Bill dated 16-6-1981 in the sum of Rs.5,61,970.05 tray be declared as illegal, void and, ineffective on its rights. The suit was decreed on 23-2-1985 and the' appeal filed by the respondent was dismissed by the learned District Judge, Sheikhupura vide judgment dated 23-5-1985. Thereafter, the respondent tiled a Civil Revision (No. 1142/1986) which was allowed by…
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