Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.31

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.31

Electricity Act (IX of 1910)-------Ss. 24 & 26---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), O.XLI, R.31---Suit for declaration---Payment of amount in excess of electricity consumed and disconnection of electricity supply from the premises---Plaintiff/consumer instituted suit against defendant company for a declaration to the effect that defendant had no justification to call upon plaintiff to pay amount in excess of the electricity consumed; Or disconnect the electricity supply from his premises and that defendant was bound to send revised and correct electricity bill to the plaintiff after deducting excess amount---Plaintiff also prayed for recovery of amount as damages---Trial Court decreed suit, but Appellate Court set aside and decree passed by the Trial Court---Validity---Judgment rendered by the Trial Court, was not maintainable, because as compared to of Appellate Court, it suffered from grave legal errors, which had been rectified by Appellate Court by reversing findings of the Trial Court and substituting its own findings, which were supported by the reasons---Impugned , was neither contrary to the evidence on record nor in violation of principles of administration of justice---Record showed that on a number of occasions, plaintiff was caught red handed stealing the electricity through hooks and direct connection from the main pole---Appellate Court had given its findings on all the points of controversy and no prejudice seemed to have been caused to plaintiff---Giving issue-wise findings by Appellate Court, was not the requirement of law as under O.XLI, R,31, C.P.C., Appellate Court was to state the points for determination, give its decision thereon and reasons for the said decision be also mentioned---In absence of any infirmity in the impugned , same could not be interfered with by High Court in exercise of its revisional jurisdiction. Umer Din v. Ghazanfar and 2 others 1991 SCMR 1868 and Mst. Husan Bano v. Faiz Muhammad and another 2000 CLC 709 ref. Asadullah Jan for Petitioner. Naveed Akhtar for Respondents. Date of hearing: 24th November, 2006. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Facts relevant for disposal of…

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