| Case ID |
d6a4e397-9133-4aba-8637-dcd53fe2b699 |
| Body |
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| Case Number |
Civil Revision No. 3473 of 1994/BWP |
| Decision Date |
Oct 27, 1994 |
| Hearing Date |
Oct 27, 1994 |
| Decision |
The Lahore High Court partially allowed the revision petition filed by S. B. Industries Pak. Ltd. regarding the imposition of a condition for a temporary injunction related to inflated gas bills. The court ruled that while the trial court had the authority to impose conditions under Order XXXIX, Rule 2 of the Civil Procedure Code, the specific condition requiring the petitioner to pay the disputed bill was found to be excessive and unjustified. The court emphasized that conditions for granting temporary injunctions should align closely with the nature of security and not impose undue hardship on the petitioner. The court ordered the trial court to expedite the decisions of all related suits by March 30, 1995. |
| Summary |
This case revolves around a dispute between S. B. Industries Pak. Ltd. and SUI NOTHEREN GAS concerning inflated gas bills. The petitioner sought a temporary injunction to prevent the enforcement of these bills, arguing that they were incorrect. The Lahore High Court examined the legal provisions of the Civil Procedure Code and the Specific Relief Act to determine the appropriateness of the trial court's conditions for granting the injunction. The court found that while conditions are permissible, they must not impose undue burdens on the petitioner, ultimately leading to a partial acceptance of the revision petition. This case highlights important aspects of consumer rights and judicial discretion in the context of temporary injunctions, making it a significant reference in civil law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Syed Kazim Bokhari,
MA. Hayee Khan
|
| Petitioners |
S. B. INDUSTRIES PAK. LTD.
|
| Respondents |
SUI NOTHEREN GAS
|
| Citations |
1995 SLD 925,
1995 PLD 117
|
| Other Citations |
PLD 1968 Kar. 910,
PLD 1990 Kar. 1,
1989 CLC 1194,
1984 CLC 1517,
PLD 1988 Kar. 140,
1980 SCMR 682,
1981 CLC 1,
PLD 1990 Lahf 82,
1994 CLC 12,
1968 SCMV 1253
|
| Laws Involved |
Civil Procedure Code (v of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O. XXXIX, Rr. 1 & 2,
O. XXXIX, R. 2(2),
Ss. 151 & 94,
S. 42
|