- (1.) Since these two appeals filed by appellant-plaintiff pertain to and arise out of the common judgment dated 29/10/2007 passed by Additional District Judge No. 1, Kishangarhbas, Alwar, therefore they have been heard together and are being decided by this common judgment. The parties shall be hereinafter referred in the manner as they were arrayed in the plaint.
(2.) Brief facts of the case are that plaintiff industry M/s. National Gum Factory (hereinafter to be referred as the plaintiff industry) filed a suit for declaration and permanent injunction against the defendant Rajasthan Rajya Vidhyut Mandal through its officers Chairman, Superintending Engineer and the Assistant Engineer, (hereinafter to be referred as the defendants), in the court of Civil Judge (Junior Division), Kishangarhbas, Alwar with the averments that on the opinion of the vigilance squad at the time of checking on 28/2/1989 the electric metre of the plaintiff industry was removed for testing and installed a new metre but the defendants sent a wrong bill for the month of September, 1989 which is void and ineffective against the plaintiff industry. It was further the case of plaintiff industry that Superintending Engineer refused to rectify the said bill and officers of the respondent electricity board disconnected the electricity connection of the plaintiff industry, therefore prayer has been made to declare the said bill null and void and ineffective against the plaintiff industry.
(3.) The defendants filed the written statements wherein it was asserted that a bill of Rs. 79876.89 was rightly sent to the plaintiff industry and on account of nonpayment of the same, the competent authorities were compelled to disconnect the plaintiff industry's electric connection. Objections of jurisdiction and deficit court fee were also taken and prayer has also been made to dismiss the suit under Order 7 Rule 11 of the Code of Civil Procedure.;