Case Note & Summary
The present case involves a civil revision petition filed by the Hubli Electricity Supply Company (HESCOM) and its Assistant Executive Engineer against an order of the Additional Senior Civil Judge, Jamkhandi, dated 03.07.2018, in O.S.No.56/2017. The respondent, Shreeshail S/o. Gurulingappa Teli, had instituted a suit against the petitioners for specific performance of contract and, in the alternative, for costs. The petitioners, as defendants, filed a written statement denying the plaint averments and subsequently filed an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking rejection of the plaint on the ground that it was not maintainable in view of Section 145 of the Electricity Act, 2003. The trial court, after hearing both sides, rejected the application by its impugned order. Aggrieved by this order, the defendants filed the present civil revision petition under Section 115 CPC before the High Court of Karnataka at Dharwad Bench. The High Court, after considering the submissions of both parties, held that the civil court has no jurisdiction to entertain the suit as the remedy lies before the Special Court under the Electricity Act, 2003. The court observed that Section 145 of the Electricity Act, 2003 bars the jurisdiction of civil courts in matters arising under the Act. Consequently, the High Court allowed the revision petition, set aside the impugned order, and allowed the application for rejection of the plaint. The plaint in O.S.No.56/2017 was rejected.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Jurisdiction of Civil Court - The defendants filed an application under Order VII Rule 11 read with Section 151 CPC seeking rejection of the plaint on the ground that the civil court lacked jurisdiction in view of Section 145 of the Electricity Act, 2003. The trial court rejected the application. The High Court held that the suit for specific performance of contract for electricity connection is not maintainable before a civil court as the remedy lies before the Special Court under the Electricity Act, 2003. The plaint was rejected. (Paras 1-10)
B) Electricity Law - Bar of Jurisdiction - Section 145 Electricity Act, 2003 - The High Court held that Section 145 of the Electricity Act, 2003 bars the jurisdiction of civil courts in matters arising under the Act. The suit for specific performance of contract for electricity connection is a matter arising under the Act and hence the civil court has no jurisdiction. The plaint was liable to be rejected. (Paras 5-10)
Issue of Consideration
Whether the civil court has jurisdiction to entertain a suit for specific performance of contract relating to electricity connection in view of Section 145 of the Electricity Act, 2003, which bars the jurisdiction of civil courts.
Final Decision
The High Court allowed the civil revision petition, set aside the impugned order dated 03.07.2018 passed by the Additional Senior Civil Judge, Jamkhandi in O.S.No.56/2017, and allowed I.A.No.5/2017 filed by the defendants/petitioners. Consequently, the plaint in O.S.No.56/2017 was rejected.
Law Points
- Jurisdiction of civil court barred under Section 145 of Electricity Act
- 2003
- Rejection of plaint under Order VII Rule 11 CPC
- Specific performance of contract for electricity connection
- Remedy before Special Court under Electricity Act
Case Details
2020 LawText (KAR) (12) 26
Civil Revision Petition No.100076/2018
Dr. Justice H.B.Prabhakara Sastry
Sri. B.S.Kamate for petitioners, Sri. M.C.Hukkeri for respondent
The Hubli Electricity Supply Company, Represented by The Assistant Executive Engineer (Ele), O & M Sub Division, HESCOM, Jamakhandi – 587301, Dist. Bagalkot and The Assistant Executive Engineer (Ele) O & M Sub Division, HESCOM, Jamakhandi – 587301, Dist: Bagalkot
Shri. Shreeshail S/o. Gurulingappa Teli, Age 51, Occ: Seller, R/o. Kohinoor Fabricators, Kudachi Road, Jamakhandi – 587301, Dist. Bagalkot
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Nature of Litigation
Civil revision petition against order rejecting application for rejection of plaint
Remedy Sought
Petitioners sought setting aside of trial court order dated 03.07.2018 rejecting I.A.No.5/2017 and allowing the application for rejection of plaint
Filing Reason
Petitioners contended that the civil court lacked jurisdiction to entertain the suit for specific performance of contract for electricity connection in view of Section 145 of the Electricity Act, 2003
Previous Decisions
Trial court rejected I.A.No.5/2017 filed by defendants under Order VII Rule 11 CPC seeking rejection of plaint
Issues
Whether the civil court has jurisdiction to entertain a suit for specific performance of contract relating to electricity connection in view of Section 145 of the Electricity Act, 2003?
Whether the plaint is liable to be rejected under Order VII Rule 11 CPC for lack of jurisdiction?
Submissions/Arguments
Petitioners argued that the suit is not maintainable as the civil court's jurisdiction is barred under Section 145 of the Electricity Act, 2003, and the remedy lies before the Special Court under the Act.
Respondent argued that the suit is for specific performance of contract and the civil court has jurisdiction.
Ratio Decidendi
The civil court has no jurisdiction to entertain a suit for specific performance of contract for electricity connection as the remedy lies before the Special Court under the Electricity Act, 2003. Section 145 of the Electricity Act, 2003 bars the jurisdiction of civil courts in matters arising under the Act. Therefore, the plaint is liable to be rejected under Order VII Rule 11 CPC.
Judgment Excerpts
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 the relief of specific performance of contract and as an alternate relief, for the costs.
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, seeking for rejection of the plaint on the ground that, it was not maintainable in view of Section 145 of the Electricity Act, 2003.
Procedural History
The respondent filed O.S.No.56/2017 before the Additional Senior Civil Judge, Jamkhandi for specific performance of contract. The petitioners (defendants) filed written statement and then I.A.No.5/2017 under Order VII Rule 11 CPC for rejection of plaint. The trial court rejected the application on 03.07.2018. The petitioners filed Civil Revision Petition No.100076/2018 under Section 115 CPC before the High Court of Karnataka, Dharwad Bench, which allowed the petition and rejected the plaint.
Acts & Sections
- Code of Civil Procedure, 1908: Order VII Rule 11, Section 115, Section 151
- Electricity Act, 2003: Section 145
