- (1.) The subject matter of the suit relates to a notice of theft of electricity under the Indian Electricity Act, 2003 served by the respondent on the petitioner who is a consumer of electricity. The suit has been brought for a restraint order against penalty imposed for theft of electricity. The Punjab State Electricity Board has contested the suit and has taken an objection that the civil suit is not maintainable in view of the express bar contained in the provisions of the Indian Electricity Act, 2003.
(2.) The trial Court has framed issues No.4 and 5 as follows:- "Issue no.4:- Whether the civil court has got jurisdiction to try the present suit? OPP. Issue No.5:- Whether the suit is maintainable in the present form? OPP."
(3.) While framing these issues, the onus on the same has been placed by the learned trial court upon the plaintiff, the petitioner before this Court. Aggrieved by the order of the learned trial court refusing to place the burden of issues 4 and 5 on the defendant Board the plaintiff has approached this court under article 227 of the Constitution praying for setting aside of the order and issuing a corrective direction.;