AMALGAMATED ELECTRICITY CO LTD Vs. KUTUBUDDIN RAJESAHEB CHANCHA
HIGH COURT OF KARNATAKA
AMALGAMATED ELECTRICITY CO.LTD.
KUTUBUDDIN RAJESAHEB CHANCHA
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(1.)The 213 respondents in this Revision Petition filed a regular Original Suit No. 218 of 1964 before the Munsiff at Belgaum against the petitioner, Amalgamated Electricity Company Limited, claiming certain reliefs regarding rates for electricity supplied by the Petitioner-Defendant. Sometime thereafter, more than 100 persons as plaintiffs filed another suit No. 263 of 1964 before the same Court against the same defendant claiming similar reliefs. The second mentioned suit started as a representative suit under Order 1, Rule 8 of the Code of Civil Procedure, I am told that by some subsequent consent order, the suit has been confined to the named plaintiffs therein.
(2.)On 17/4/1967, the plaintiffs in the earlier suit (Respondents in this petition) filed an application praying that:
"the plaintiffs may be given liberty to withdraw the suit with permission to file another suit with liberty to plaintiffs to include themselves as plaintiffs in O.S. 263 of 1964."
In the affidavit in support of it, it is stated that after the suit of the respondents, another suit has been filed as a representative suit, that question in both the suits are same, that any decree in the representative suit will also bind the whole body of the consumers of electricity and that in those circumstances the plaintiffs propose to withdraw the suit
"with permission to file a fresh suit for the same relief on the same cause of action to get the benefit of the decree passed in R.O.S. No. 263 of 1964."
(3.)The defendant filed a statement claiming that the plaintiffs should be directed to pay costs at the higher rate for the reasons set out in the statement and that certain deposits made pursuant to interim orders may be given back to him to the extent they relate to the suit sought to be withdrawn and that further deposits may also be likewise paid.
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