Judgement

HEGDE, J.: This is plaintiff s appeal. The Amalgamated Electricity Co. Ltd. is the plaintiff in the suit from which this appeal arises. It sued the Municipal Committee, Ajmer, through its Chairman in suit No. 21 of 1951 in the court of Sub-Judge, first class, Ajmer. In that suit it claimed a sum of Rs. 93,520-2-1 as surcharge due under certain notifications issued by the Chief Commissioner of Ajmer. Out of the said sum, a sum of Rs. 28,837-12-5 was claimed as being due as Surcharge on the bills issued by it in respect o the electricity supplied by it to the defendant for street lighting. A sum of Rs. 58,148-l2-2 was claimed as Surcharge on its bills in respect of the electricity utilised for pumping water in pursuance of one of its contracts with the defendant. The balance amount was claimed as interest on the amounts claimed. That suit was resisted by the defendant on various grounds. The trial court substantially allowed the plaintiff s claim and decreed the suit in a sum of Rs. 44,461-11-9 with interest and proportionate costs. The High Court of Rajasthan accepting the appeal (No. 67 of 1956) of the defendant dismissed the plaintiff s suit. After obtaining a certificate