2006 PLP 636 (MLD)
Messrs NAROWAL FLOUR MILLS through Managing Director-Petitioner Versus WAPDA through Chairman and 3 others — Respondents
| Citation | 2006 PLP 636 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Messrs NAROWAL FLOUR MILLS through Managing Director-Petitioner Versus WAPDA through Chairman and 3 others — Respondents |
| Primary Law | Electricity Act (IX of 1910) |
Q1: What are the key laws and sections cited in 2006 PLP 636 (MLD)?
This judgment primarily cites: Electricity Act (IX of 1910) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 636 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 636 (MLD) (Messrs NAROWAL FLOUR MILLS through Managing Director-Petitioner Versus WAPDA through Chairman and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faisal Ghafoor for Petitioner.
- Umer Sharif for Respondents.
Headnotes / Summary
S. 26
Specific Relief Act (I of 1877), Ss.42 & 54
Detection bill issued to the consumer on the basis that electric meter of the consumer was slow
Suit for declaration and injunction by consumer
Held, controversies and disputes concerning the slowness of meter or other faults with the equipments fell within the exclusive jurisdiction of the Electric Inspector under S.26, Electricity Act, 1910--Matter therefore, fell within the exclusive domain of Electric Inspector and suit for declaration and injunction before the Civil Court was not maintainable.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
In order to assail detection bill issued to the petitioner on the basis that the meter was slow, a declaratory suit with injunction was filed which was contested by the respondents by raising number of objections including non-maintainability of the suit and that the plaint was liable to be rejected. The suit was tried which was eventually decreed by the learned trial Court vide judgment dated 26-7-1999. Appeal filed there against before the Appellate Court, however, succeeded and the judgment of the trial Court was reversed by the learned District Judge, Narowal on 13-5-2000. This is revision petition in that context.
2. At the very outset of the hearing of the matter it has been realised that the Courts below have failed to take notice of the legal position as to the jurisdiction of the Court and the maintainability of the suit as stated in Water and Power Development Authority and another v. Mian Muhammad Riaz and another (PLD 1995 Lah. 56). In the precedent case the learned Full Bench of this Court had taken the view that the controversies and disputes concerning the slowness of meter or other' faults with the equipments fall within the jurisdiction of the Electric Inspector under section 26 of the Electricity Act, 1910. The matter thus fell within the exclusive domain of Electric Inspector. The perusal of judgment of the trial Court as also of the appellate Court, however, shows that they were rather oblivious of this aspect of the matter. Since the very jurisdiction of the Court did not extend to try such a lis, the assumption of jurisdiction, the trial of the suit and the judgments rendered by both the Courts stand on no better footing than without jurisdiction. The same are, thus, liable to be set aside. As a result, by setting aside the judgments of the trial Court as also of the appellate Court the suit filed by the petitioner is found as not maintainable before the civil Court leaving an option open for the petitioner to agitate the matter for the redressal of his grievance before the Electric Inspector in accordance with law. The revision petition is disposed of in the light of the above, with no order as to costs. M.B.A./N-10/L??????????????????????????????????????????????????????????????????????????????????? Order accordingly.