KURIAN E.KALATHIL Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Plaintiff is the appellant. His suit for declaration that Exts. Al and A2 orders passed by the respondents are illegal, unenforceable and avoid and also for a consequential injunction restraining them from effecting recovery based on such orders from the bills payable to him, was dismissed by the 1st Additional Sub-Judge, Thiruvananthapuram. Aggrieved by such dismissal, he has preferred this appeal.

(2.) Short facts necessary for disposal of the appeal can be summed up thus :

(3.) After hearing the counsel on both sides and looking into the materials tendered by both sides, I find that the first and foremost question to be considered is whether the suit has been filed within the time prescribed by law, which has been held to be so by the learned Sub-Judge. If only the suit is shown to have been instituted within time then alone the entitlement of plaintiff for the reliefs canvassed need be gone into.