(1.) Heard on admission.
(2.) Placing reliance on Section 7 B of the Indian Telegraph Act, 1885 and stating that by virtue of the provisions therein, the Civil Court is divested of its jurisdiction to try a Suit for recovery of bills for user of telephone, the defendant seeks indulgence vide this second appeal directed against the Judgment and Decree dated 20.11.2007 passed in Civil Appeal No.1-B/2006 by Fifth Additional District Judge, (Fast Track Court) Rewa, affirming the Judgment and Decree dated 27.9.2006 in Civil Suit No.28-B/2004 by Civil Judge Class-I, Rewa.
(3.) It being a matter of record that the suit pertained to recovery of Rs.41,717/- for a period from 18.5.2000 till 11.10.2001 towards the use of telephone No.258111 installed at the defendants residence. Both the Courts returned the findings against the defendant and has held him liable for the payment. These findings of fact are based on cogent material evidence on record as would warrant an interference.