NITYANANDA SAHU Vs. POSTMASTER GENERAL

JUDGEMENT

(1.) PLAINTIFF has carried this second appeal against the confirming judgment and decree of the learned Additional District Judge of Cuttack in a suit for recovery of Rs. 5,000/- by way of damages.

(2.) PLAINTIFF claims that he is a renowned businessman of Cuttack and was subscriber of a telephone bearing No. CK 431 which had also an extension being CK 431-A. He had been regularly clearing the bills issued by the department against these telephone connections. On 8-9-1965, the telephones were disconnected on the plea of non-payment of telephone bills. When the plaintiff enquired, he was served with a demand note for a sum of about Rs. 1,400/ -. Plaintiff disputed the correctness of the demand and ultimately a corrected demand note for a sum of Rs. 795. 80 paise was given to him. This amount plaintiff paid on 31-5-1966 under receipt No. 9887 and asked for restoration of the connections. The Postmaster General (defendant No. 1)directed restoration of connection, but in spite of his order actual reconnection was not effected until the suit was filed on 20th of February, 1968. During the pendency of the suit, the telephone connection was restored. Though at the time of filing of the suit plaintiff had asked for a mandatory injunction for restoration of the connection, the claim for that relief has since been dropped in view of the pendente lite restoration of service. Plaintiff claimed that he had sustained loss of business as also loss of prestige on account of unlawful disconnection of the telephone and illegal withholding of re-connection in spite of his paying the arrear dues as demanded.