UNION OF INDIA Vs. K PATEL AND COMPANY

JUDGEMENT

(1.) The matter was called out for hearing in the first round then in the second round and lastly in the third round but none put appearance for the opponent. Heard the learned counsel for the applicant and perused the application.

(2.) Challenge has been made by this revision application by the applicant to the order of the Assistant Judge, at Jamnagar passed in Civil Miscellaneous Appeal No. 179/84 confirming thereunder the ad interim injunction granted by the learned 3rd Jt. Civil Judge, (S.D.) Jamnagar directing the applicant to restore the telephone connection of the plaintiff- opponent on depositing Rs. 1500/- by it towards the disputed bill. The disputed bill was of Rs. 3405/-.

(3.) One of the contentions raised by the learned counsel for the applicant is that the suit itself is not maintainable as the jurisdiction of the civil court is ousted under the provisions of Sec. 7-B of the Indian Telegraph Act, 1885. In support of this contention, the learned counsel for the applicant placed reliance on the decision of this Court in the case of Govindbhai P. Chovatia vs. Gujarat Telecom Circle, reported in 1995 (2) GLH 1041. This court has held that due to the existence of Sec. 7-B even the jurisdiction of Civil Courts under Sec. 9 of the CPC, would be regarded as impliedly ousted and the civil suit challenging the correctness of the bills so raised would not be maintainable in a Civil Court. It is also a case where the plaintiff-opponent herein is challenging the correctness of the bill of telephone given to him. The Civil Court has no jurisdiction in the matter and as such the order passed by the court below granting the temporary injunction in favour of the plaintiff-opponent is without jurisdiction.