2008 PLP 114 (YLR)
MUHAMMAD YOUSAF — Petitioner Versus WAPDA through Chairman, Lahore and 3 others — Respondents
| Citation | 2008 PLP 114 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Azmat Saeed, J |
| Parties | MUHAMMAD YOUSAF — Petitioner Versus WAPDA through Chairman, Lahore and 3 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 114 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 114 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Azmat Saeed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 114 (YLR) (MUHAMMAD YOUSAF — Petitioner Versus WAPDA through Chairman, Lahore and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
O.XXXIX, Rr.1 & 2 & S.115
Claim for
Detection bill (Electricity) was served upon the petitioner who was consumer WAPDA
Petitioner filed suit for declaration and permanent injunction challenging said detection bill
Petitioner, along with plaint, filed application for grant of temporary injunction, wherein it was prayed that WAPDA be restrained from recovering the disputed amount of the detection bill, which application having concurrently been dismissed by the Trial Court and Appellate Court petitioner had filed revision petition
Matter in dispute being pecuniary in nature, no irreparable loss and injury could be caused to the petitioner
Petitioner being not entitled to any interim relief without deposit of disputed amount, his application for grant of temporary injunction, was rightly dismissed by the courts below. A.D. Nadeem for the Petitioner. Ch. Faiz Ahmad Singhairah for the Respondents.
Judgment & Decree
SH. AZMAT SAEED, J.
This revision petition is directed against the order dated 25-6-2005 whereby the Additional District Judge dismissed the appeal filed by the petitioner against the order dated 21-3-2005 declining to grant temporary injunction in favour of the petitioner.
2. Brief facts leading to the filing of this petition are that the petitioner is a consumer of the respondents it appears that a detection bill was served upon the petitioner. Aggrieved the petitioner filed a suit for declaration and permanent injunction challenging the said detection bill. Along with the plaint an application for grant of temporary injunction was filed wherein it was prayed that the respondents be restrained from recovering the disputed amount of the detection bill. The respondents entered appearance and resisted the suit as the application for grant of temporary injunction. The trial Court dismissed the application under Order XXXIX Rules 1 and 2 C.P.C. for grant of temporary injunction. Aggrieved the petitioner filed an appeal which also failed to find favour and dismissed vide the impugned order.
3. The learned counsel for the parties have been heard and the record appended with this petition has been perused.
4. It is the case of the respondents that the meter of the petitioner had been tampered with the electricity had been stolen. The factual correctness of the claim raised through the impugned detection bill and its legality can only be determined after recording of evidence. However, the matter in dispute is pecuniary in nature; therefore, no irreparable loss and injury will be caused to the petitioner. In this view of the matter, the petitioner is not entitled to any interim relief without deposit of the disputed amount.
5. In view of the above, it would be appropriate that temporary injunction as prayed for be granted subject to the deposit of the disputed amount. Consequently, this revision petition is disposed of with the direction that no coercive measures will be taken by the respondents to the prejudice of the petitioner, subject to the deposit of the amount claimed under the detection bill with the trial Court. This petition is disposed of accordingly. H.B.T./M-457/L Petition dismissed.