Jha, J.

1. This is an appeal by the deft, under Clause 10 of the Letters Patent from a judgment of a single Judge of this Ct. The pltf.s suit is for the recovery of a sum of Rs. 646 (details of which are given in the schedules to the plaint), alleged to have been illegally realised from him by the deft, for the supply of electricity.

2. The pltf. is a businessman & runs a flour Mill & also a business for charging batteries on a commercial basis. The deft, is a limited liability company incorporated under the Indian Companies Act, 1913, (hereinafter referred to as "the Company") & supplies electricity in the Jharia Coal-fields & other places under a license granted by the Govt. of Bihar in 1941, under the Electricity Act, 1910 (IX [9] of 1910). The license lays down the rates at which electrical energy can be supplied by the Company to consumers for "domestic" purposes 7 for "power" purposes. Clause 10 of the license fixes the limits of the prices to be charged by the company for energy supplied by it. The rates are classified under two heads; (1) Domestic Supply, & (a) Power. The rates for "domestic supply" are :-

- "Per unit. Rs. a. p. (A) Light & fans (subject to discount