Shishir Kumar, J. - (1.) HEARD learned Counsel for the Appellant and Mr. Shobhit Dubey for the Respondent -Power Corporation.
(2.) THIS is a Plaintiff 's second appeal arising out of Suit No. 21 of 2004 for declaration and injunction in respect of forged bill issued by the contesting -Respondents for realization of Rs. 53,338.90. During the pendency of the suit, the Plaintiff -Appellant moved an application for issuance of interim injunction to the effect regarding non -realization of the amount. The said application was rejected. Then a miscellaneous appeal was filed, that too was dismissed. Then a writ petition was filed as Writ Petition No. 22889 of 2006 in which an order was passed not to take coercive measure. The trial court has framed various issues on the basis of the pleadings of the parties and one of the issues was as to what relief can be granted to the Plaintiff and whether the Court has jurisdiction to hear the matter? The trial court after considering the various issues ultimately on Issue No. 4 recorded a finding that suit itself is not maintainable before the civil court being the fact that the Plaintiff is having a remedy under Section 127 of the Indian Electricity Act in case he was having any grievance regarding the assessment, he should have filed an appeal as provided in the Act. The trial court dismissed the suit vide its judgment and order dated 22.9.2008. The Plaintiff -Appellant filed an appeal which was numbered as Appeal No. 1 of 2009. The said appeal too has been dismissed vide its judgment and order dated 28.2.2011. Hence, the present second appeal.
(3.) LEARNED Counsel for the Appellant has submitted before this Court that the courts below has committed an error apparent on the face of the record by dismissing the claim on the ground that civil court will have no jurisdiction in view of the fact that in case the Appellant was aggrieved, he should have filed an appeal under Section 127 of the Indian Electricity Act and as there was no assessment, therefore, there was no remedy of appeal and the suit should have been entertained on merit and should have been decided accordingly.;