MAHMOOD TEXTILE MILLS LIMITED vs SUI-NORTHERN GAS PIPELINES, SNGPL through Managing Director, Lahore Ss

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MAHMOOD TEXTILE MILLS LIMITED VS SUI-NORTHERN GAS PIPELINES, SNGPL through Managing Director, Lahore Ss. 6, 7(10) & 7(11)---Specific Relief act (I of 1877), Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XVI, R. 1 [as amended by Lahore High Court, Notification No. 273/Legis/XI-Y-26 dated 15-08-2018]---Billing dispute---List of witnesses---amendment in law---Civil Procedure Code, 1908, provisions of---applicability---Petitioner/plaintiff filed suit for declaration and injunction disputing bill issued by respondent/ Company---Grievance of petitioner/plaintiff was that Trial Court held that list of witnesses was not to be filed by respondent/company---Validity---Trial Court was bound to follow provisions of Civil Procedure Code, 1908, in all matters which were not expressly excluded through provision of special procedure in Gas (Theft Control and Recovery) act, 2016---Where Gas (Theft Control and Recovery) act, 2016 did not provide special procedure to do a particular thing in a particular manner, provisions of Civil Procedure Code, 1908 were applicable---Once Petition for Leave to appear (PLa) was granted, it was treated as a written statement as envisioned by C.P.C.---Summary procedure regarding trial of the suit was converted into ordinary procedure requiring Trial Court to frame issues and record evidence as provided in C.P.C. and Qanun-e-Shahadat, 1984 subject to the provisions of Gas (Theft Control and Recovery) act, 2016---after grant of PLa, unless defendant failed to fulfill condition attached to it, if any, the only concession provided to the parties to the suit was permission or facility to file affidavits in respect of examination-in-chief of their witnesses---Suit and application for permission to submit list of witnesses were filed on 29-11-2017 and 24-01-2020, respectively and order in question was passed on 03-11-2020 when the amendment by Lahore High Court, Notification No. 273/Legis/XI-Y-26 dated 15-08-2018 had come into effect on 01-11-2020---amendment was in the form of substitution in O. XVI, R, 1, C.P.C. was procedural, beneficial and curative in nature which was enforced before decision of the application, therefore, substituted text of O.XVI, R.1, C.P.C. was applicable---Provisions of Civil Procedure Code, 1908 were applicable to a suit instituted under section 6 of Gas (Theft Control and Recovery) act, 2016 in all matters, where provisions of Gas (Theft Control and Recovery) act, 2016 did not prescribe a special procedure regarding any aspect of the trial---Respondent/company was required to submit list of witnesses as provision of O.XVI, R. 1, C.P.C. was applicable to suit under S. 6 of Gas (Theft Control and Recovery) act, 2016---Non-submission of list of witnesses did not bar respondent/company to produce its own witnesses for recording of evidence and production of documents on the date fixed by Trial Court for recording of evidence---High Court declined to interfere in the order passed by Trial Court---Constitutional petition was dismissed, in circumstances.

MAHMOOD TEXTILE MILLS LIMITED vs SUI-NORTHERN GAS PIPELINES, SNGPL through Managing Director, Lahore Ss — 2023 PLD 139 LAHORE-HIGH-COURT-LAHORE

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