CESC LIMITED Vs. PREM CHAND JAISWAL

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India is directed against an order dated July 12, 2011 passed by the Civil Judge, Junior Division, Third Additional Court, Alipore in Title Suit No. 306/405 of 1997 whereby the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the petitioner herein was rejected.

(2.) The opposite party herein filed a suit for mandatory and permanent injunction alleging that the men, agent and employees of CESC Ltd. disconnected the supply of electricity abruptly without serving any notice of disconnection of the meters upon the opposite party herein.

(3.) Subsequently, the plaint was amended incorporating the fact that the meters were disconnected by the CESC Ltd. alleging that there were tampering in the metering arrangement. By amending the plaint the opposite party also incorporated the prayers for declaration that the disconnection without previous notice is bad in law and for a further declaration that the demand raised by the petitioner is unsustainable and mandatory injunction for restoration and reconnection of the meters which were disconnected.