- (1.) THIS is defendants regular second appeal against the judgment and decree of District Judge, Bathinda, whereby the appeal filed against the judgment and decree of the trial Court was dismissed
(2.) BRIEFLY put, the plaintiff filed suit for recovery of Rs. 1,92. 741. 19 on the allegations that M/s Guru Nanak Ice Factory and Cold Storage is consumer of electricity since 1976. The firm had been paying electricity bill regularly. It is 'on 27-4-1985' that the company received a bill for Rs. 96,082/- which was challenged in the Court. In that suit, CT's installed in the factory premises of the plaintiff were got tested from another laboratory and the same was found to be of 3x100 Amps Accordingly, the bill which was calculated taking CT's capacity to be of 3x200/5 Amps was quashed It is on this basis the plaintiff claimed refund of the excess amount paid in respect of the bill for the period 4/79 to 7/82 and 3/85 to 3/87, in all a sum of Rs. 1,92,741. 19 paise. The plaintiff claimed interest at the rate of 18% per annum.
(3.) DEFENDANTS put in appearance, filed written statement and replied on merits. Besides this, two legal objections were raised i. e. plaint does not discloses a cause of action and that the suit is time barred.;