- (1.) This is plaintiff's second appeal directed against the judgment and decree dated 01.11.2013 passed by learned District Judge, Fatehabad whereby judgment and decree dated 17.12.2012 passed by learned Additional Civil Judge (Senior Division), Ratia has been set aside and the suit of the plaintiff has been dismissed.
(2.) For convenience sake, hereinafter parties will be referred to as they were arrayed in the Court of first instance i.e. appellant as plaintiff and respondents as defendants.
(3.) The detailed facts are already recapitulated in the judgments of both the Courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are that plaintiff filed a suit challenging the vires of memo nos. 195 and 196 dated 31.01.2011 whereby demand of ' 1.17 lacs and ' 2 lacs, respectively, was raised on the basis of checking carried out at the premises of the plaintiff on 20.01.2011. It is alleged that plaintiff was a consumer of the defendants having power connection No. RG31/0010, installed at his premises of flour mill at Village Bahamanwala, Tehsil Ratia, District Fatehabad. The plaintiff was paying regularly for the same and there were no dues against him. His power meter was burnt. So, he moved an application for its replacement and alleged that he deposited required amount of ' 1750/- on 09.09.2009. He was assured of its replacement. But the meter was not replaced. A checking was carried out on 20.01.2011 in his absence and the demand has been raised vide the abovesaid two memos. Various grounds have been taken that the checking was not valid which are noticed in para no.2 of the judgment of lower appellate Court.;