HUBLI ELECTRICITY SUPPLY COMPANY Vs. SHREESHAIL

JUDGEMENT

(1.) The present respondent as a plaintiff has instituted a suit against the present petitioners arraying them as defendants in O.S.No.56/2017 in the Court of the learned Additional Senior Civil Judge at Jamkhandi (for brevity hereinafter referred to as the trial Court ) for the relief of specific performance of contract and as an alternate relief, for the costs. The present petitioners as defendants appeared in the suit and filed their written statement denying the plaint averments. Further, the defendants filed an application i.e. I.A.No.V in the said suit under Order VII Rule 11 read with Section 151 of Code of Civil Procedure, 1908, (for brevity hereinafter referred to as CPC ), seeking for rejection of the plaint on the ground that, it was not maintainable in view of Section 145 of the Electricity Act, 2003 (for brevity hereinafter referred to as the Act ). The trial Court after inviting objection to the said application and hearing both side, by its impugned order dated 03.07.2018, rejected the said application. Aggrieved by the said order, the defendants in the trial Court have preferred the present revision petition.

(2.) The respondent is being represented by his counsel.

(3.) Though this matter is listed today for Admission, however, with the consent from both sides, the matter is taken up for its final disposal.