SUI NORTHERN GAS PIPE LINES LIMITED vs FARMAN ALI S — 2024 CLC 164 LAHORE-HIGH-COURT-LAHORE

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SUI NORTHERN GAS PIPE LINES LIMITED VS FARMAN ALI S. 13---Judgment passed by the Gas Utility Court---Appeal---Admission by means of a reasoned order---Statutory requirement---Appellate Court, jurisdiction of---Scope---Consumer ,having domestic connection, filed suit against Sui Northern Gas Pipelines Company ('Gas Company') for charging him commercial tariff through detection bill---Gas Utility Court decreed the suit against the Gas Company---Assertion of the appellant (Gas Company) was that difference between consumption of gas in various months and amount of bills reflected that purpose of connection was being misused---Validity---Record revealed that excessive consumption amounting to bill of Rs. 17,092/= related to one month only, which was not a conclusive proof to establish that the connection was being used for commercial purpose---Appellant (Gas Company) could not show independent evidence to establish its assertion and exhibiting a mere report by an official was not conclusive unless the allegation was supported with other evidence after inquiry into the matter---Witnesses produced by the appellant were not found conversant with the dispute; even the person who prepared the Meter Inspection Report (MIR) was not produced as a witness for examination and cross-examination---Perusal of impugned judgment showed that the evidence produced by the appellant was carefully examined by the Trial Court and reasons for inadmissibility of the evidence were found cogent and pragmatic---No ground or reason of admission of appeal, in part or in whole, was made out---Regular first appeal was dismissed in limine, in circumstances. Citation Name: 2024 CLC 164 LAHORE-HIGH-COURT-LAHORE SUI NORTHERN GAS PIPE LINES LIMITED VS FARMAN ALI Ss. 13 & 5(3)---Civil Procedure Code (V of 1908), O.XLI, R. 11---Judgment passed by the Gas Utility Court---Appeal---Special provisions for admission---Phrase "In part or in whole"---Scope---Provisions of S.13 of the Gas (Theft Control and Recovery) Act, 2016 ('the Act, 2016') are special to override the general provisions, conferring jurisdiction of appeal to the High Court---Rule 11 of O. XLI of the Civil Procedure Code (V of 1908) envisages dismissal of appeal without sending notice to the lower Court, however, the special provisions under S.13 of the Act, 2016 are more stringent, as assumption of jurisdiction is stipulated with a reasoned order for admission of appeal and that too, only to the extent of admitted ground of appeal, because phrase "in part or in whole" narrows the scope of appeal further---Since special procedure for admission of appeal is provided in section of the Act, 2016, therefore, under S. 5(3) of the Act, 2016 general provision under Civil Procedure Code, 1908, contrary to special procedure for admission of appeal shall not be applicable.

SUI NORTHERN GAS PIPE LINES LIMITED vs FARMAN ALI S — 2024 CLC 164 LAHORE-HIGH-COURT-LAHORE

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