MODI, J.—Whether the suit is barred by time is the short question involved in this appeal brought by the defendant against the judgment and decree of the Civil Judge, Bikaner, dated 7-12-71.

2. To appreciate the point arising in this case, it is necessary to state a few relevant facts. The plaintiff-respondent had taken electric power connection for running its. ice factory at the rate of annas two per unit from the former Bikaner State. The plaintiff continued to pay at that rate upto 31-3-52 even though the Bikaner State had, in the meantime, merged in the State of Rajasthan. By notification dated 14-3-52 issued under the signature of the Chief Engineer, Electrical and Mechanical Department of the State of Rajasthan, the rate of power supplied was increased from annas two to three per unit in Bikaner. The plaintiff paid for the power consumption at the increased rate from 1-4-52 to 7.11.62. The validity of the said notification was challenged in a suit filed by one Murlidhar and it was held by this Court in Civil Second Appeal No. 134 of 1962 decided on 5 2-68, Murlidhar vs. State of Rajasthan, that the notification increasing the rate from annas two to three was invalid being una

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