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2016 Supreme(Del) 4039

JAYANT NATH
AMIT VED – Appellant
Versus
GULJINDER SINGH – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amarjeet Singh Sahni.
For the Respondent: Mr. Arav Kapoor.

JUDGMENT :

JAYANT NATH, J.

CM No. 39626-39627/2016 (exemption)

Exemption is allowed subject to all just exceptions.

CM (M) No. 1080/2016 and CM No. 39625/2016 (stay)

1. By the present petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the order dated 01.09.2016 by which an application filed by the petitioner under Order 1 Rule 10 CPC was dismissed.

2. Respondent No. 1 has filed the suit against respondent No. 2 for mandatory injunction. In the suit, it is prayed that respondent No. 2 be directed to re-install the electricity meter or install a new electricity meter and restore the electricity supply. As per the plaint, respondent No. 1 states that his grandfather late Sh. Gurbux Singh was the tenant of the owner Shree Rishyanand Trust whose whereabouts are not known. It is stated that Sh. Gurbux Singh was running his furniture and interior decoration business from the suit property and he had an electricity connection in his own name. It is further stated that respondent No.1 has been regularly paying electricity bills. Later on, he also obtained an electricity connection in his own name but by a typographical mistake, there was an error and ins














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