SANTOSH JAIN & ANR Vs. B K NAYAK

JUDGEMENT

(1.) The present revision from the order dated 15-11-2002, passed by the Ist Civil Judge, Class I Jagdalpur, in civil suit No. 3-B/01, whereby and whereunder the preliminary issue No. 5 has been decided in favour of the plaintiff and as against the applicant herein.

(2.) The brief facts of the case are that, the plaintiff instituted a recovery suit claiming Rs.32,593/- on account of arrears of telephone bill against the applicants/defendants. On the basis of objection raised by the applicants/ defendants in their written statement, following preliminary issue has been framed-

(3.) The trial court, by recording a finding that the District Manager (Telephone) has authorized the plaintiff to file a suit, decided the issue in favour of plaintiff and as against the defendants/applicants.