SUI SOUTHERN GAS COMPANY LIMITED vs IRSHAD ALI BHUTTO O — 2024 PLD 205 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLD 205 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLD
Parties: SUI SOUTHERN GAS COMPANY LIMITED vs IRSHAD ALI BHUTTO O
Subject matter: Civil
Provisions referred to: S. 151---G; S. 5---R; S. 5; S. 151; Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SUI SOUTHERN GAS COMPANY LIMITED VS IRSHAD ALI BHUTTO O. IX, R. 4 & S. 151---Gas (Theft Control and Recovery) Act (XI of 2016), Ss. 6 & 7---Limitation Act (IX of 1908), S. 5---Recovery of amount on account of illegal gas supply---Suit by the Sui Southern Gas Company Limited ('SSGC') against the consumer, filing of---Dismissal of suit on the ground of limitation---Gas Utility Court dismissed SSGC's application under S. 5 of the Limitation Act, 1908, while suit was dismissed for non-prosecution; subsequently, plaintiff's/SSGC's application under O. IX, R. 4 read with S. 151, C.P.C. was also dismissed by the Gas Utility Court---SSGS assailed said refusal order for restoration---Validity---According to the diary sheet filed by respondent/consumer in appeal, it appeared that while dismissing SSGC's application under S. 5 of the Limitation Act, 1908, after hearing the parties, the Court on the same date also dismissed SSGC's suit for non-prosecution---Accordingly, SSGC filed an application under O. IX, R. 4 read with S. 151, C.P.C. to set aside/recall the said order dismissing SSGC's suit in default and to restore the same to its original stage---After hearing the Counsel, the Trial Court rightly assessed the legal position and dismissed the application---Gas Utility Court observed that after the application under the Limitation Act had been dismissed on merit, nothing was left in the suit---No illegality or irregularity had been noticed in the judgment and order passed by the Gas Utility Court---Appeal filed by the Sui Southern Gas Company Limited was dismissed, in circumstances.

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