EXECUTIVE ENGINEER Vs. SUBRAMANIA REDDY

JUDGEMENT

(1.) THE Appellants/Defendants have projected this present Second Appeal as against the Judgment and Decree dated 10.06.1998 in A.S.No.65 of 1996 passed by the Learned Sub Judge, Tiruvallur, confirming the Judgment and Decree dated 22.03.1996 in O.S.No.811 of 1992 passed by the Learned District Munsif, Ponneri.

(2.) THE First Appellate Court, viz., Learned Sub Judge, Tiruvallur, while passing the Judgment in A.S.No.65 of 1996 on 10.06.1998, has among other things, opined that in the trial Court Judgment, it is mentioned that the penalty is not liable to be paid by the Respondent/Plaintiff and further that he has to remit a sum of Rs.9,494.50 towards the balance outstanding electricity amount. Further, after the Judgment and Decree passed by the trial Court in the main suit, the Respondent/Plaintiff has paid a sum of Rs.9,494.50 being the electricity due amount to be paid to the Electricity Board and also obtained electricity connection as informed on the side of the Appellants/Defendants and as such the Appeal is not maintainable and dismissed the Appeal without costs, thereby confirming the Judgment and Decree passed by the trial Court in the main suit.

(3.) AT the time of admission of the Second Appeal, this Court has formulated the following Substantial Questions of Law for rumination :