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Rajasthan High Court · body

2008 DIGILAW 289 (RAJ)

Chunnilal v. Jagdish

2008-01-30

GUMAN SINGH

body2008
JUDGMENT 1. - Heard learned counsel for the defendants-petitioners. 2. This revision petition has been filed against the order dated 3.8.2007 passed by the learned Civil Judge (Junior Division) Thanagaji, District Alwar, whereby application under Order 7 Rule 11 C.P.C. filed by the defendants petitioners, was rejected. Learned counsel submits that he has filed the application on the ground that the matter in dispute between the parties related to jurisdiction of the revenue Court which is empowered to go into such question about the alleged right of electricity connection to the agricultural land of the defendants. Learned counsel further submits that the matter may also fall under Section 145 of the Electricity Act along with clause 45 of the terms and condition of Supply for Electricity, 2004. In this regard, the learned trial Court has taken a view that the plaintiff respondents had come to the Court on the basis of the agreement whereby they were authorised to use the electricity connection. The learned lower Court has also observed that the matter in controversy though need decision but it cannot be decided in the application under Order 7 Rule 11 C.P.C. 3. In view of the submissions made and the view taken by the learned trial Court, it is revealed that the legal issues pertaining to jurisdiction cannot be taken care of by the learned trial Court after making issue in the point in view of the rival pleadings of the parties. Therefore, I do not find any illegality, impropriety or jurisdictional error in the order passed by the learned lower Court and hence no interference is called for. 4. Thus, the revision petition is disposed of accordingly with liberty to the defendants to move the trial Courts to frame the legal issues and the same shall be decided in accordance with law.Petition dismissed. *******