ASHOKE KUMAR DASADHIKARI,J. - (1.) Order impugned dated 28th April, 2015 rejecting the prayer for recalling the order passed on 14th May, 2012 by the learned XIth Bench of the City Civil Court at Calcutta in Title Execution No. 57 of 1990 is under challenge in this revisional application.
(2.) Mr. Mukherjee, learned Counsel appearing for the petitioner, submits that the opposite party being the plaintiff filed the original suit being T.S. 2077 of 1980 disputing the bills raised by the CESC/defendant/ petitioner for the period starting from 3rd August, 1979 to 4th May, 1080. The suit was originally decreed by the learned Trial Court on contest and the learned Trial Court directed the CESC/defendant/petitioner to submit revised and corrected bill for the aforementioned period and the CESC was permanently injuncted from disconnecting the supply of the electric connection of the plaintiff/opposite party.
(3.) He submits that the CESC authorities raised a bill of Rs.1,53,000/- covering the period from June, 1982 to June, 1990 for consumption of electricity. Since the payment was not made by the decree holder/opposite party, CESC authorities disconnected the supply. However, the opposite party/decree holder started one execution case being T.Ex. 57 of 1990. In that two applications were filed, one was filed by the decree holder/opposite party under Order 21, Rule 32 of the CPC and the other one moved by the CESC authorities under Section 151 of the CPC.;