BHARGAVA, J.—This appeal is directed against the judgment and decree dated 10th February, 1968, of the Senior Civil Judge. Ganganagar.

2. Firm Shadul Shahr Cotton Ginning and Pressing Factory Sadulshahr whose supply of electricity for the purpose of running the factory remained disconnected from 28th March, 1965, to 15th April, 1965, instituted the present suit against the Rajasthan State Electricity Board (hereinafter to be referred as the Board) for recovery of Rs 10993/. as damages. The suit is founded both on tort and on contract, but lower court has found that no agreement was executed between the parties, although plaintiffs case was that it had submitted the agreement to the defendant but the same was not returned after completion. The ground on the basis of contract ii not pressed in this Court. It was also alleged in the court below that the disconnection was due to the malicious action of Shri Prishan Singh, Assistant Engineer of the Board, who wanted to disconnect the plaintiffs supply of energy on 8-2-1965 also but it could not be done then due to the intervention of the Additional Chief Engineer who happened to be there on that date. However supply of energy was disconn

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