Appeal CIVIL JUDGE

IN THE COURT OF CIVIL JUDGE-II JHELUM
S.C Appeal No. of 2013
1. SDO-II HESCO Jhelum

2. Meter Reader HESCO Bukera Road Jhelum
3. XEN HESCO/Wapda Jhelum
4. Revenue Officer, HESCO Sub-Division Jhelum ……Appellant.
VERSUS
Muhammad Jehanzaib S/o Sakhi Khan .…………………Respondent.
APPEAL UNDER SECTION 96 Cr.PC.
Being aggrieved and highly dissatisfied with the impugned

order dated: 23-11-2013 passed by court of civil judge-ii Jhelum in
declaration Suit No. /2013 (Muhammad Jehaanzaib S/o Sakhi Khan,
V/S SDO Hesco Jhelum & others), whereby the suit of the
Appellant/Plaintiff dismissed on the ground of time barred, therefore,
appellant prefer this appeal and pray that, this Honourable Court may
pleased to call for record and proceedings from Court of Civil Judge-II
Jhelum, after examining the proceedings, documents, impugned order,
hearing the parties, finding illegalities, irregularities, conjectures, surmises,
set aside impugned order remand the case for deciding a fresh on merits
according to law and procedure, on the consideration of following facts and
grounds:-(Copy of Judgement and decree are attached herewith as
Annexures “A” & “A-1”)
FACTS
That the above mentioned plaintiff resides at above mentioned
address he is a poor man he states that 2 years ago he got his legal
connection of electricity launched in his house and paid all the received bills
in accordance of the Wapda authority and he paid all the due on time within
the end of the due date but due to giving connection to the his neighbor line
man came to check his bills and dues but was nothing remained left all the
dues and bills were fully paid by the plaintiff but the line man asked him for
bribe if he gives any connection to any niebhor he might give him 1000 a
month as bribe to them, on objection of the plaintiff he threatened him to
disconnect his connection from the poll and put pananlity on him in the next
incoming bill of electricity, and he did it in the next month the bill was
issued of Rs. 5000/- and so on every month the bill was continuously issuing
at the rise price of about 5 to 6 thousand after that the Plaintiff approached
the to HESCO / Wapda offices for deduction amount and verification of the
penalty imposed upon him then neither clerk of the department heart him nor
the XEN and SDOs taken any action on the Line Superintendent and line
man. Due to that circumstances I was restigated at about 7 to 8 months but
now the amount of my bill has been raised up till 80 thousand Rs. Neither
my connection is being launched nor the deduction is being made.
GROUNDS
1. That order passed by the trial court is not correct due to reason the
legal and factual aspects did not considered by the trial court.
2. That the trial court could not use the legal mind at the time of decision
of the case and neither approach to the material available on record.
3. That the trial court deliberately avoid the collection of the government
revenue which is pertain consumed electricity bill amount that is proof
on account of available record before the court.
4. That the Wapda Authority already submitted their written

statement/objection before the trial court but trial court could not
consider the single objection/point of the same.
5. That in the light of above circumstances the case is liable for remand
before the trial court through allowing my appeal and case will be
decided on merits after considering the legal and factual aspects. It is
prayed on behalf of the appellant.
6. That the further grounds will be argued at the time of hearing of this
appeal with the permission of this Honourable Court.
7. That, appeal is in time.
Prayer is made in the interest of justice & equity that, appeal

may be allowed, order of learned trial court may be set aside and suit of the
appellant may be decreed or suit may be remanded to learned trial court for
deciding a fresh according to law on merits or pass any other appropriate
order as this Honourable court deem fit and proper in favour of appellant.
Hyderabad.
Dated: 16-12-2013 ADVOCATE APPELLANT
FOR WAPDA

VERSUS
Muhammad Jehanzaib S/o Sakhi Khan …………………Respondent.
.
AFFIDAVIT
I, Ali Nawaz holding the post of SDO-II HESCO,

Hyderabad, Region, Hyderabad, do hereby state on solemn affirmation as
under:-
1. That, I am Authorized Officer of appellant in the above matter

as such am fully conversant with the facts of the case and say that,
accompanying appeal is drafted and filed under my instructions and
contents whereof are true.
2. That, If my accompanying appeal is not considered, I will

suffer heavy irreparable loss which can not be compensated in any manner
and very purpose of filing appeal would be frustrated.
3. That, for the sake of brevity contents of accompanying appeal

may be treated as part and parcel of this affidavit.
4. That whatever stated above is true and correct to the best of my

knowledge and belief.
Hyderabad.
Dated: -12-2013 DEPONENT
The deponent is identified by me.
ADVOCATE.
Solemnly affirmed on oath before me on this 16th day of December,

2013, by the deponent above named, who has been identified by Mr. Farooque Ali
Bhatti Advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVIT.
The contents of the affidavit were first truly and audibly read over and
explained to the deponent above named and he seems to have fully understood the same
and signed in my presence.
COMMISSIONER FOR TAKING AFFIDAVIT.


VERSUS
Muhammad Jehanzaib S/o Sakhi Khan …………………Respondent
STATEMENT
The undersigned stating therein that the undersigned is SDO in

Hesco/Wapda, Electricity Hyderabad (Appellant) and regarding the
compliance of captioned appeal undersigned sent many letters, therefore,
may be pleased to grant time for compliance of the objections.
Hyderabad.
Dated: -12-2013 ADVOCATE

FOR APPELLANT.

Appeal CIVIL JUDGE

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IN THE COURT OF CIVIL JUDGE-II JHELUM

S.C Appeal No. of 2013

1. SDO-II HESCO Jhelum

APPEAL UNDER SECTION 96 Cr.PC.

Being aggrieved and highly dissatisfied with the impugned

4. That the Wapda Authority already submitted their written

7. That, appeal is in time.

Prayer is made in the interest of justice & equity that, appeal

S.C Appeal No. of 2013

1. SDO-II HESCO Jhelum

I, Ali Nawaz holding the post of SDO-II HESCO,

1. That, I am Authorized Officer of appellant in the above matter

2. That, If my accompanying appeal is not considered, I will

3. That, for the sake of brevity contents of accompanying appeal

4. That whatever stated above is true and correct to the best of my

Solemnly affirmed on oath before me on this 16th day of December,

COMMISSIONER FOR TAKING AFFIDAVIT.

COMMISSIONER FOR TAKING AFFIDAVIT.

S.C Appeal No. of 2013

1. SDO-II HESCO Jhelum

The undersigned stating therein that the undersigned is SDO in

Dated: -12-2013 ADVOCATE

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