LUMAX INDUSTRIES LIMITED Vs. DESU

JUDGEMENT

(1.) The plaintiff-petitioner is aggrieved by an order of the trial court rejecting its application under Order 6 Rule 17 of the Civil Procedure Code seeking an amendment in the plaint.

(2.) A few dates and events are relevant. The plaintiff-petitioner is a public limited company engaged in manufacturing and marketing of certain goods. It has been enjoying electric supply made available by the respondents. On 7.6.89, the electric supply was disconnected. On 13.6,89, the plaintiff filed the present suit seeking a mandatory injunction commanding the respondents to restore supply of electricity alleging that the disconnection was malafide and without any justification. On 16.6.89, an interim relief was allowed by the court to the plaintiff-petitioner directing restoration of electric supply within five days from the date of the order subject to certain terms.

(3.) In the written statement, the defendant/respondents denied all material plaint averments and submitted that the plaintiff-petitioner was illegally extracting power supply by tempering with the meter equipment of the defendant-respondent.