DIPAK ROY Vs. C E S C LIMITED

JUDGEMENT

(1.) This revisional application is directed against Order No. 4 dated 20th August, 2007 passed by the learned District Judge at Alipore, District 24-Parganas (South) in Miscellaneous Appeal No. 338 of 2007arising out of Order No.2 dated 8th August, 2007 passed by the learned Civil Judge (Junior Division), 1st Court at Alipore in Title Suit No. 847 of 2007.

(2.) The plaintiff is the petitioner before this Court. In Title Suit No. 847 of 2007 the plaintiff prayed, inter alia, for a declaration that the defendant has no right to disconnect the supply of electricity through the commercial meter of the plaintiff as there is no allegation against the commercial meter. In the said suit the petitioner filed an application for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The order sheet reveals that the learned Civil Judge (Junior Division) rejected the prayer for ad-interim order of injunction. In support of such rejection the learned Trial Court held that the self-same cause of action another suit being Title Suit No. 225 of 2002 was pending in the same Court. There was no prima facie case in support of grant of injunction thereby also no balance of convenience and inconvenience in favour of grant of injunction.

(3.) The revisional application is dismissed.