Civil Revision dismissing application for grant of electricity under CPC. Court disposed petition based on conflicting reports regarding disconnection liability while granting liberty to apply to competent authority.
Liberty to petitioner to apply to competent authority for electricity connection at own expenses.
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Civil Revision No. 1662 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Revision No. 1662 of 2010 (O&M) Date of decision:- 23.03.2011
Kesar Dass
....Petitioner
Vs.
Shri Sanatan Dharam Triveni Mandir Samiti and others
....Respondents
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
Present:Mr. J.S. Bhatia, Advocate, for the petitioner.
Mr. Dinesh Kumar Bagga, Advocate, for Mr. Deepak Agnihotri, Advocate, for the respondents.
A.N. JINDAL, J (ORAL)
This petition assails the order dated 21.01.2010 (Annexure P-1) passed by the Civil Judge (Junior Division), Chandigarh, whereby the application filed by the plaintiff-petitioner (hereinafter referred to as 'the petitioner') under Section 94 (e) of the Code of Civil Procedure for grant of electric supply during the pendency of the suit, was dismissed.
The petitioner being tenant under the respondentslandlords (hereinafter referred to as 'the respondents') had moved an application under Section 94 (e) of the CPC for grant of electricity supply connection on the ground that his connection has been disconnected by the respondents. However, the respondents, while filing the reply stated that they had not disconnected the said connection, whereas, it was the
Civil Revision No. 1662 of 2010 2
Chandigarh Administration as well as the Estate Office, who had disconnected the connection. However, on seeking information from the Chandigarh Administration, vide report dated 07.10.2010 (Annexure P-10) the C.P.I.O.-cum-Executive Engineer, Electricity 'OP' Division No.1, Chandigarh, has stated as under:-
“As per the report received from the A.E.E. Electy. 'OP' S/Divn. No.2, the electricity supply of the STD/PCO running in the premises of Sanatan Dharam Triveni Mandir Sector 7-C, Chandigarh, has not been disconnected by his office.
DA/Copy of information supplied by A.E.E. Electy. 'OP' S/Divn. No.2, Chandigarh.”
Thus, it appears that the Chandigarh Administration has not disconnected the said connection. However, the respondents also do not want to own the disconnection for the reasons best known to them.
In the circumstances of the case, this petition is disposed of with a liberty to the petitioner to apply to the competent authority/A.E.E., Electy. 'OP' S/Divn. No.2, for supply of the electricity connection at their own expenses for the premises. In that case, it would be presumed that the respondents have no objection to the supply of electricity connection.
23rd of March, 2011 ajp
(A.N.JINDAL) JUDGE
2 issues framed by the court
Whether the Civil Judge erred in dismissing the tenant's application under Section 94(e) CPC for grant of electricity supply.
Who disconnected the electricity supply and whether the respondents are liable to petitioners.
1 provisions across 1 enactments
Kesar Dass
Shri Sanatan Dharam Triveni Mandir Samiti and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
