These are two appeals filed against the decision of the learned Subordinate Judge of Sivaganga in A.S. No. 45 of 1957 reversing the decision of the learned District Munsif of Manamadurai in O.S. No. 210 of 1955. The learned District Munsif had held that the suit did not lie in a civil Court and that the proper forum was the District Magistrate and therefore dismissed the suit on the preliminary issue. On appeal by the Plaintiff the learned Subordinate Judge reversed the decision of the District Munsif and held that the civil Court had jurisdiction to try the suit. The two defendants who are aggrieved by the order of the learned Subordinate Judge have preferred these two appeals.

As a matter of fact it has not been made clear as to what subsisting interest the first defendant has in the suit in so far as it has been made clear that the first defendant company was taken over by the State Government and the State Government is now managing the entire question of laying the supply lines and distributing the electric energy. However, both the Electric Company which has gone out of existence and whose place has been taken up by the State Government, and the State Government who