J.B. Pardiwala, J.

This Second Appeal under Section-100 of the Code of Civil Procedure is at the instance of the original plaintiff and is directed against the judgment and order dated 12/05/2016 passed by the 7th Additional District Judge, Panchmahal at Godhra in the Regular Civil Appeal No.51 of 2009 arising from the judgment and decree dated 28/07/2009 passed by the Additional Civil Judge and JMFC, Godhra in the Regular Civil Suit No.91 of 2006.

2. The facts giving rise to this Second Appeal can be gathered from the Paragraphs 1 and 2 of the judgment and order passed by the trial Court. Paragraphs-1 and 2 are as under:-

1. That the plaintiff company is a body corporate which is established under law and its head-office is situated at Baroda. That the divisional and sub-divisional office of the plaintiff company is situated at Godhra, and hence, this Court has the jurisdiction to hear this matter. That the plaintiff company is supplying electricity to its customers and also collecting the money for the usage of electricity by the customers. That the plaintiff company has come into existence on the basis of the resolution of the Energy and Petrochemics Department of Gujarat Government bearing resolution No.GEB/1104/7318(K) dated 31.12.2004 which was earlier known and running in the name of Gujarat Electricity Board. That all the contracts made by the G.E.B. with its customers have become the responsibility of the plaintiff company. That the plaintiff company has to follow the resolutions, rules, tariff, agreements, conditions for supply of electricity, etc. which had been earlier framed by the G.E.B. That the defendant had attained the customer no.01005/02078/7 from the plaintiff company on dated 25.04.1988 by following the proper rules of the plaintiff company. That the plaintiff company has a sub-division at Godhra and that the said sub-division supplies electricity and accepts the bill of the defendant. That the defendant is bound to pay the bill against the usage of electricity and he is also bound to pay the delay charges if he does not make the payment in time. That if the electric connection is temporarily disconnected, the defendant is responsible to make the payment of the fix and minimum charges for the period till the permanent disconnection is executed by the plaintiff company. That the plaintiff in the para (4) of the plaint, has described the faults found in the meter of the defendant, when the checking squad of the plaintiff company had conducted a checking in the presence of the defendant as well as the representative of the defendant on dated 24.07.2003. That as per the said checking the plaintiff company had found that the meter was tampered, and hence, as per the rules the said connection was temporarily and thereafter according to the rules permanently disconnected on dated 24.07.2003. Thereafter, the plaintiff company had calculated the bill of the defendant as per the A.B.C.D. Formula and given a bill of Rs. 1,40,977.46 to the defendant. That the defendant was also given a notice on dated 07.07.2005by R.P.A.D. for payment of the said bill, but though the said notice had been served on the defendant, he has not made any payment towards the bill, and hence, a bill of delay payment charges was also raised for Rs. 52,353.15, and therefore, the final bill which the defendant has to pay has amounted to Rs. 1,93,330.61. The plaintiff company has further mentioned the cause of action in the para.(6) of the plaint. The plaintiff company has further stated that, as the defendant is a resident of Godhra and the office of the plaintiff company is also situated in Godhra, this Court has the jurisdiction to entertain the present suit. Lastly the plaintiff company has prayed reliefs in terms of para.(9) of the plaint.

2. The defendant was served with the process of the Court and the Ld. Advocate Shri A.Y. Bhatuk has appeared on her behalf and produced the written statement vide Exh.13, wherein she has denie