SUI NORTHERN GAS PIPELINES LIMITED vs FAZAL HUSSAIN (deceased) O — 2025 CLC 1001 LAHORE-HIGH-COURT-LAHORE

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SUI NORTHERN GAS PIPELINES LIMITED VS FAZAL HUSSAIN (deceased) O.XLI, R.31---General Clauses Act (X of 1897), S. 24A---Gas utility dues, recovery of---Appellate Court---Duty to record reasoned judgment---Judicial application of mind required---Judgment without considering evidence---Legality---Judgment recorded without considering evidence cannot be approved as it violates provision of O.XLI, R.31, C.P.C. which states that Appellate Court shall deliver the judgment in writing and shall state points for determination, the decision thereof and reasons for the decision---Appellate Court in first appeal is duty bound to consider the case de novo for reaching a conclusion---Judgment of Appellate Court should be error free, concise, consistent, coherent and comprehensible irrespective of the stylistic difference---Principles, parameters and requirements of a judgment are that the judgment should contain a concise statement of case, points for determination, decision thereon and reasons for such decision manifesting application of mind to resolve issue involved which ought to be self-contained, unambiguous, easily intelligible, lucid, open only to one interpretation and thus leaving nothing to guess work or probabilities on matters under determination and should also be self-keeping, well-reasoned and analytical reflecting due consideration of facts, law and contention of parties founded on legal grounds and the evidence on record---It was the duty of the Appellate Court to decide the controversy between the parties after application of independent judicial mind and that mere reproduction of the judgment of Trial Court and thereafter dismissing the appeal cannot be in consonance with the law---After insertion of S.24 of General Clauses Act, 1897 even the public functionaries are duty bound to decide the application of citizens while exercising statutory powers with reasons after judicial application of mind---In the instant case, the court below fell in error and did not properly look into the evidence---Mere mistake of department representative in process of calculation of bill could not be a ground to exonerate the consumer from paying the actual dues for consumption of gas and the liability was to be regulated by terms agreed in the contract---Revision petition was accepted, judgment of the court below was set aside and case was remanded.

SUI NORTHERN GAS PIPELINES LIMITED vs FAZAL HUSSAIN (deceased) O — 2025 CLC 1001 LAHORE-HIGH-COURT-LAHORE

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