P. B. MUKHARJI, J.

( 1 ) IN this Commercial Cause, the plaintiff Co. Associated Power Co. Ltd. is suing Ram Taran Roy, carrying on business under the name and style of Roy Dutta and Co. for the recovery of Rs. 7460. 06 P as the price for the supply of electrical energy.

( 2 ) THERE were a number of points raised in the Written Statement but the issues have now been considerably narrowed, in the circumstances, I am just about to mention. Mr. Sinha, learned counsel for the defendant, raised only the following issue: "has this Court jurisdiction to try this suit on the ground that this is a suit not for goods supplied but for electricity consumed?"

( 3 ) MR. Sinha, appearing for the defen dant, abandoned all other contentions raised in the Written Statement and sub ject to the above issue, he admitted all other facts pleaded in the plaint. It is also to be recorded that Mr. Sinha for the defendant does not contest either the content or the amounts and figures plead ed in the plaint.

( 4 ) THE only question for decision now in this suit is to determine the point whether electricity is within the meaning of "goods" used in Clause 4 (iv) of the First Schedule of the City Civil Court A

Click Here to Read the rest of this document