Amaan Knitwear's vs Sui Northern Gas Pipe Line S — 2025 YLR 405 LAHORE-HIGH-COURT-LAHORE

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Amaan Knitwear's VS Sui Northern Gas Pipe Line S. 11 & O.XVII, R.3---Gas (Theft Control and Recovery) Act (XI of 2016), Ss. 4 & 13---Res judicata, principle of---Scope---Gas Utility Court dismissed the suit for declaration etc, filed by the appellant (Knitwear Unit) was hit by principle of res judicata---Objection raised by the respondents (Gas Company) was that previously on the same subject matter an identical suit instituted by the appellant against the respondents, was dismissed---Validity---Record revealed that the bill amounting to Rs. 18,888,620/- of one month issued by the respondents was challenged by the appellant through the present lis---Admittedly, on the same subject an identical suit was instituted by the appellant, butthe same (suit) was dismissed under O. XVII, R. 3, C.P.C since appellant failed to produce its evidence despite repeated opportunities---Instead of challenging the said judgment, appellant, after about five months of said dismissal, opted to file a fresh suit (present lis)---Appellant admitted the dismissal of the previous suit yet asserted the maintainability of the fresh/second suit, attributing the dismissal to the counsel, who was representing the appellant in the previous suit, confending that he (counsel) did not inform regarding production of evidence---Thus, on the same subject matter, previously filed identical suit stood dismissed for want of evidence and the said judgment and decree was never assailed by the appellant before any court or fora, hence, the same had attained finality---Sufficient opportunities were afforded to the appellant for producing his evidence and defending his case in the previous round of litigation but the appellant had failed to do so, hence, the appellant could not be allowed to re-open a past and closed chapter in a fresh/new suit---Hence, the subsequent suit filed by the appellant was squarely hit by principle of res judicata as envisaged in S.11, C.P.C.---Utility Court had rightly passed the impugned order and decree---No substantial error or defect of law had been noticed in the impugned order and decree passed by the Gas Utility Court---Appeal,being merit-less, was dismissed.

Amaan Knitwear's vs Sui Northern Gas Pipe Line S — 2025 YLR 405 LAHORE-HIGH-COURT-LAHORE

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