BALRAJ Vs. UHBVN AND ANOTHER

JUDGEMENT

(1.) The trial Court had dismissed the application filed by the appellant under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short CPC). It was held that the jurisdiction of the Civil Court was restricted and also a mixed question of facts and law is involved, which could be decided after taking evidence.

(2.) Learned counsel for the UHBVNL (hereinafter called Nigam) filed regulations along with the CM, which has not so far been numbered. According to the same, one of the rules/regulations, which would be applicable, reads as under:-

(3.) Learned counsel for the appellant submits that the said rule refers to connected load from 35KW to 70KW, whereas the actual load found at the time of alleged detection of theft was 20.48 KW.