Ravi Swaroop Dhavan, J. - (1.) THIS writ petition relates to controversies between the petitioner Messrs Ram Swaroop Radhey Shyam, a firm engaged in the business of retail sale of cloth and the Telephone Department. The issue is, according to the petitioner, excess billing by the telephone department. The telephone is in the name of the firm but installed at the residence of the Proprietor Mr. Kanhaiya Lal Bathwal. The number of the telephone is 2328. Complaining of excess billing and disconnection of telephone facility, when the bills had not been paid, the petitioner took relief by seeking an injunction that the telephone be not disconnected and there ought to be no interference in the continuance of the telephone facility. It may be set on record that the relief seeking a declaration that the bills as presented may be incorrect was not sought; this may be done now.
(2.) ON the injunction granted by the trial court initially the department appealed before the appellate court but unsuccessfully. In the second round on an injunction granted by the trial court and on further bills and issues raised the plaintiff -petitioner, the appellate court declined to interfere directing the petitioner to make deposit of certain amounts against the bills. Inevitably the telephone department will present bills, and this never ending issue between the petitioner and the telephone department will continue. The suit must be confined to a certain period, so that there is no recurring cause of action in the same suit in the facts and circumstances of this case.
(3.) THE court is not inclined to change the spirit of the order of the appellate court nor the principle of it. The order of the appellate court (IInd Additional District Judge, Basti) is dated May 6, 1991.;