SUI SOUTHERN GAS COMPANY LIMITED vs BHAJAN LAL Ss — 2026 PLD 37 KARACHI-HIGH-COURT-SINDH

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SUI SOUTHERN GAS COMPANY LIMITED VS BHAJAN LAL Ss.3, 4 & 5---Civil Procedure Code (V of 1908), S. 2(4)---Criminal Procedure Code (V of 1898), S. 9---Civil dispute between Gas Company and consumer---Gas Utility Court---Jurisdiction---Scope---Gas Utility Court declined to adjudicate civil dispute under the Gas (Theft Control and Recovery) Act, 2016 ('the Act, 2016') and rejected plaints filed by Sui Southern Gas Company Limited (Gas Company/Appellants)---Argument of the consumers/respondents was that the Gas Utility Court(s) for adjudicating civil disputes under the Act, 2016 had not been notified vide Notification No. SO No. 293(1)/2017 dated 02.05.2017 ('the Notification')---Held, that the District and Sessions Judges have been notified as Gas Utility Courts---If, for the sake of assumption, it is argued that these were elected only for the criminal trial, then the question arises as to why the term District was also included---A District is defined in S. 2(4) of the Civil Procedure Code, 1908, as "...the local limits of the jurisdiction of a principal civil Court of original jurisdiction ('District Court']---At the same time, a Court of Session is established under S. 9 of the Criminal Procedure Code, 1898, for criminal cases---The term "District and Sessions Judge" is used cumulatively in the Notification---Had the intent been to only notify for criminal trials, then the correct phrase employed would have been Sessions Judge only and not District and Sessions Judge---Even if that were the case, the same would not have been valid as the Notification cannot revoke/withhold jurisdiction expressly granted by the statute under S. 4 of the Act, 2016---The powers of issuing the Notification must fall squarely within the mandate of the principal statute---Thus, the Gas Utility Courts established under the Notification hold the jurisdiction to adjudicate civil and criminal matters per the mandate of Ss. 3, 4 & 5 of the Act, 2016---Appellate/High Court set-aside the impugned order directing the Gas Utility Courts to proceed with adjudicating civil cases under the Act, 2016 and ensuing Notification---Appeal, filed by Gas Company, was allowed accordingly.

SUI SOUTHERN GAS COMPANY LIMITED vs BHAJAN LAL Ss — 2026 PLD 37 KARACHI-HIGH-COURT-SINDH

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