AMALGAMATED ELECTRICITY CO LTD Vs. KUTUBUDDIN RAJESAHEB CHANCHA

JUDGEMENT

(1.) The 213 respondents in this Revision Petition filed a regular Original Suit No. 218 of 1964 before the Munsiff at Belgaum against the petitioner, Amalgamated Electricity Company Limited, claiming certain reliefs regarding rates for electricity supplied by the Petitioner-Defendant. Sometime thereafter, more than 100 persons as plaintiffs filed another suit No. 263 of 1964 before the same Court against the same defendant claiming similar reliefs. The second mentioned suit started as a representative suit under Order 1, Rule 8 of the Code of Civil Procedure, I am told that by some subsequent consent order, the suit has been confined to the named plaintiffs therein.

(2.) On 17/4/1967, the plaintiffs in the earlier suit (Respondents in this petition) filed an application praying that:

(3.) The defendant filed a statement claiming that the plaintiffs should be directed to pay costs at the higher rate for the reasons set out in the statement and that certain deposits made pursuant to interim orders may be given back to him to the extent they relate to the suit sought to be withdrawn and that further deposits may also be likewise paid.