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1989 Supreme(Guj) 117

M.B.SHAH, A.P.RAVANI
PATEL DADUBHAI NARSIBHAI – Appellant
Versus
GUJARAT ELECTRICITY BOARD,baroda – Respondent


Advocates Appeared: M.D.PANDYA, S.B.TRIVEDI, VITTHALBHAI PATEL

A. P. RAVANI, J.

( 1 ) BOTH these appeals arise not of the same judgment and decree passed by the learned Civil Judge (S. D.) Nadiad in Special Civil Suit No. 80 of 1973 The plaintiff filed suit for recovery of Rs 53 0 on the allegation that the defendant-Gujarat Electricity Board had committed breach of the contrast inasmuch as the Board disconnected the supply of electricity wrongfully and consequently the plaintiff suffered loss to the extent of Rs. 53 0 The defendant- Board resisted the suit on facts as well as on law points and also filed counter claim of Rs. 6 363 38 ps. After recording the evidence and after hearing the parties the trial Court ordered to dismiss the counter claim filed by the defendant-Board But it partially decreed the suit filed by the plaintiff and ordered the defendant-Board to ply Rs 6 625 as damages to plaintiff No. 1 with cost of the suit and interest to the rate of 6 per cent per annum till realization.

( 2 ) FEELING aggrieved by and dissatisfied with the aforesaid augment tank decree for by the trial Court both the parties plaintiff as well as the defendant have filed appeals First Appeal No. 960 of 1977 is filed by the original plaintiff claiming a




































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