Judgment

SHARMA, J.:- This appeal by special leave arises out of a suit filed by the respondent-company against the appellant, Municipal Corporation of Delhi,- for a mandatory injunction to restore the supply of electricity discontinued during the pendency .of the suit. Initially the suit was filed for a prohibitory injunction from disconnecting the electric connection. The plaint was amended following stoppage of the supply of energy.

2. According to the plaintiffs case, the suit had to be filed as the Delhi Electricity Supply Undertaking was threatening disconnection without disclosing any reason. Subsequently, some officers of the Undertaking made an inspection of the meters and alleged theft of electricity after tampering with the seals affixed on the meters. A First Information Report was lodged with the police.

3. Admittedly no notice was served by the Delhi Electricity Supply Undertaking on the plaintiff before severing the electric connection. The learned trial court, however, dismissed the suit and the plaintiff appealed. The First Additional District Judge, Delhi, who heard the appeal decreed the suit on the sole ground of non-service of notice as required under condition No