M. KRISHNAPPA VS. ASSISTANT EXECUTIVE ENGINEER, KARNATAKA ELECTRICITY BOARD, BANTWAL TALUK

( 1 ) THIS revision arises from the judgment and order dated 7-9-1996 passed by the Principal munsiff, Bantwal, D. K. (Mr. B. M. Baju), whereby the Trial Court rejected the plaintiff-revision petitioner's application for amendment of the plaint by addition of the relief for declaration that the bill sent by the defendant is illegal and unjust.

( 2 ) THE facts of the case in nutshell are: that the plaintiff-revision petitioner filed a suit for permanent injunction restraining the defendant-Karnataka Electricity Board from disconnecting the electricity supply to the house of the petitioner through its Meter No. T. 257 of Thumbe Village in Bantwal Taluk. According to the plaintiff the defendant demanded and served a bill on 8-11-1989 as per the plaint allegation that it was an audit short claim. The plaintiff's case is that all of a sudden, he has received a bill on 8th November, 1989 calling upon the plaintiff to pay it by 18-11-1989 in a sum of Rs. 3,841-80, out of which a sum of Rs. 3,836-40 claimed as "audit short claim" as per audit. The plaintiff asserted in the plaint that the bill sent

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