JUDGMENT : - This second appeal arises out of a suit field by certain residents of the town of Chopda in the District of East Khandesh against the Chopda Electric Supply Company, Ltd., for a declaration that a standing charge of Rs.2 for every 25 K.W. sought to be levied by the Chopda Electric Supply Company, Ltd., which I will hereafter refer to as the defendant-company, from every consumer of electricity for domestic or general use was illegal and for an injunction restraining the defendant-company from discontinuing the supply of electricity for non-payment of the charge and for costs of the suit. The suit was filed under O.1, R.8, Civil P.C., as a representative suit on behalf of all consumers for domestic use in the town of Chopda.

2. The learned trial Judge decreed the plaintiffs suit. In appeal to the District Court at Jalgaon the appeal filed by the defendant-company was allowed and the plaintiffs suit was dismissed. Plaintiffs Nos.1 and 3 have come to this Court in second appeal.

3. A few facts which give rise to the appeal may be stated.

In 1936 a license for supplying electrical energy in the town of Chopda was issued to one Fakirchand Jankiram by order of the Gove