M. Saleem (c.r

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.R. No. ___________/2003 Muhammad Saleem S/o Noor Muhammad, caste Sheikh, R/o Al-Ghana Guest House, Chowk Kumharanwala, Multan. ……PETITIONER

VERSUS 1.

Water & Sanitatation Agency, Bagh Langay Khan, Multan, through its Managing Director.

2.

Assistant Director (Revenue), WASA, WASA House, 316/A, Shams Abad, Multan. ..…RESPONDENT/DEFENDANT

Revision Petition U/s 115 C.P.C. against the judgment dated 19.12.2002 passed by Mr. Bahadur Ali Khan, the learned Additional District Judge, Multan, by which the appeal against order dated 12.12.02 passed by Mr. Muhammad Amir Munir, Civil Judge, Multan for issuance of injunction till final decision of the case was dismissed in limine. Claim in Revision: To set aside the impugned judgment dated 19.12.02 & order dated 12.12.02 and to grant temporary injunction to restore the flow of sanitation connection till the final decision of suit by accepting this petition.

Respectfully Sheweth: 1.

That the names and addresses of the parties have correctly been given for the purpose of their summons and citations.

2.

That the brief facts giving rise to this petition are that the petitioner has obtained a connection for sanitation purpose from respondents under A/c No. 015-B/01174A. The petitioner paid the bills issued by the respondents regularly and there was no default till the month of 05/2002, on the part of the petitioner. Copies of paid bills are ANNEX “A to A/3.”

3.

That the bill for 06/02 was issued by the respondents wherein Rs. 11,022/- was included as arrears. The petitioner brought the matter to the notice of respondent No. 2 and showed him the copy of last paid bill for 05/02 and requested for correction of bill or supply the details of arrear to justify the claim, but the respondent No. 2 did not supply details of arrears or justified the arrears inspite of the repeated visits of petitioner to his office from time to time for about three months. However, no bill of sanitation was issued by the respondents till 09/02. Copy of bill for 06/02 is ANNEX “B”.

4.

That a bill for 10/02 was received from WASA amounting to Rs. 63,900/- @ monthly rate of Rs. 1725/- per month including Rs. 62,174/- as arrears. The petitioner rushed to the office of respondent No. 2 and requested him to look into the matter personally to correct the bills according to the approved rates or justify the arrears so that the payment is made, but another bill amounting to Rs. 41,250/- was issued in the same month of 10/02 for the same period, wherein Rs. 40,093/- were included as arrears with monthly rate of Rs. 1150/-. Copy of both the bills are ANNEX “C & D”.

5.

That the petitioner stressed upon the respondent No. 2 to revise the bill as per rules, but he ordered to pay the 2nd bill of Rs. 41,370/- in four installments, which he himself allowed without any request by petitioner.

6.

That on 28.11.2002, the respondents disconnected the connection without serving any prior notice; and they are not

ready to correct the wrong and unjustified bill. As per notification dated 23.9.92, the sewerage fee for “B” Class Hotel is Rs. 300/- per month and for “A” Class Hotel is Rs. 500/- per month. The arrears for four months (6/02 to 9/02) cannot exceed Rs. 2000/- even if the rate of “A” Class Hotel i.e. Rs. 500/- per month is applied, whereas the respondents have demanded Rs. 40,093/- as arrears in the bill for the month of 10/02. Finding no other way, the petitioner was compelled to seek remedy from the court of law. The petitioner filed a suit in the court of learned Senior Civil Judge, Multan on 4.12.2002 and the same was entrusted for further hearing, to the court of Mr. Muhammad Amir Muneer, the learned Civil Judge, Multan on the same day. Copy of notification with better copy of plaint & application for temporary injunction are ANNEX “E, E/1 F & G”. 7.

That notice was issued to respondents and counsel for respondent appeared before the court on 12.12.2002. The petitioner put up his plea in detail that there was prima facie a fit case as the respondents were not clear themselves to justify the claim, the balance of convenience was also leaning in favour of petitioner and irreparable loss being sustained by plaintiff/petitioner. The respondent’s counsel just stated that there is no mistake in the bill for the month of October, 2002. It is specially pointed out that parawise reply/written statement was not submitted by the respondents’ counsel.

8.

That on 12.12.02, the learned court after considering the arguments of both the parties, dismissed the application for grant of injunction till the final disposal of the case. Copy of order is ANNEX “H”.

9.

That petitioner/plaintiff feeling aggrieved by the order dated 12.12.02, filed an appeal and the learned appellate court was pleased to dismiss the appeal vide judgment dated 19.12.02. Copy of appeal and judgment is ANNEX “I & J”.

10.

That the judgment dated 19.12.02 passed by the learned appellate court and the order dated 12.12.02 passed by the learned trial court are impugned inter-alia on the following: GROUNDS i)

That the impugned judgment and order are against the natural justice and principles of equity.

ii)

That the impugned judgment and order are against the prevailing law and justice.

iii)

That the impugned judgment and order of both courts are arbitrary, perverse and against the facts of the case.

iv)

That both the learned courts could not assess the essence of pleadings and documents on record.

v)

That both the learned courts could not properly ascertain the legal rights of the petitioner.

vi)

That the learned appellate court decided the matter in haste and decided the matter without considering the merits of case.

vii)

That the learned appellate court was not vigilant while considering the notification dated 23.9.92 and decided the case on the basis of pick & choose.

viii) That the learned appellate court ignored the facts of the case and pronounced the judgment on the wrong perception. ix)

That the judgment of the learned appellate court caused a great miscarriage of justice to the petitioner. In view of the above submissions, it is respectfully prayed that the revision petition in hand may please be accepted and judgment dated 19.12.02 passed by the learned appellate court and order dated 12.12.02 passed by the learned trial court may please be set aside.

Any other relief, which this Hon’ble Court deems fit and proper, may graciously be awarded in the interest of justice & equity. Humble Petitioner, Dated: __________

Through: Ch. Muhammad Ashraf Nadeem, Advocate High Court, 28-District Courts, Multan.

Certificate: Certified as per instructions of the client, this is the first revision petition on the subject matter. No such petition has earlier been filed before this August Court. Advocate

Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. ____________/2003 In C.R. No.___________/2003 Muhammad Saleem

Vs.

WASA, etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. ========================================= Respectfully Sheweth: 1. That the above-titled application is being filed before this Hon’ble Court, the contents of which should be considered as part & parcel of the main revision petition. 2. That certified copies of Annexes “

” are not readily

available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of the original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT, Dated: __________

Through: Ch. Muhammad Ashraf Nadeem, Advocate High Court, 28-District Courts, Multan.

Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.R. No.___________/2003 Muhammad Saleem

Vs.

WASA, etc.

AFFIDAVIT of: Muhammad Saleem S/o Noor Muhammad, caste Sheikh, R/o Al-Ghana Guest House, Chowk Kumharanwala, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-titled C.R. are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto.

DEPONENT

Verification: Verified on oath at Multan, this _____ day of January 2003 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. ____________/2003 In C.R. No.___________/2003 Muhammad Saleem

Vs.

WASA, etc.

APPLICATION U/S 151 C.P.C. FOR INTERIM RELIEF.

Respectfully Sheweth: 1.

That the contents of Civil Revision may please be treated as part & parcel f this application.

2.

That the impugned order and judgment are against the natural justice & law of equity.

3.

That the impugned order and judgment are against the prevailing law of justice.

4.

That the order and judgment of learned courts are arbitrary and perverse.

5.

That both the learned courts could not properly ascertain the legal rights of this petitioner.

6.

That the learned courts ignored the facts of the case and pronounced the judgment on the wrong perceptions.

7.

That the illegal act of the respondents for recovery of unjustified and an-ascertained arrears will amount to be a double rather many time more wrong payment, besides

causing irreparable loss towards good-will and consequent mental and physical torture to petitioner and his family. 8.

That the applicant has prima facie a strong and arguable case in his favour.

9.

That balance of convenience also leans in favour of applicant. In view of the above humble submissions, it is respectfully prayed that the operation of order passed by the learned trial court dated 12.12.02 and judgment of learned appellate court dated 19.12.02 may please be suspended till the disposal of the revision petition. Any other relief, which this Hon’ble Court deems fit and proper, may graciously be awarded in the interest of justice & equity. Humble Applicant,

Dated: __________

Through: Ch. Muhammad Ashraf Nadeem, Advocate High Court, 28-District Courts, Multan.

Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.R. No.___________/2003 Muhammad Saleem

Vs.

WASA, etc.

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Opening Sheet

3

Civil Revision.

4

Affidavit

5

Copies of paid bills.

6

Copy of bill for 06/02.

7

Copy of bills.

8 9

Copy of notification with better copy of plaint & application. Copy of order.

10

Copy of appeal & judgment.

11

Dispensation Application.

12

Affidavit.

13

Stay application.

14

Affidavit.

15

Power of attorney.

A to A/3 B C&D E, E/1, F, G H I&J

PETITIONER, Dated: __________ Through: Ch. Muhammad Ashraf Nadeem, Advocate High Court, 28-District Courts, Multan.

Sh. Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176