- (1.) This second appeal impugns the judgment and decree dated 19.02.2011, passed by the first appellate court upsetting and quashing the judgment and decree dated 25.03.2010, passed by the Civil Judge (Jr.Div.), Sikar whereby the suit for declaration and permanent injunction filed by the plaintiff-respondent (hereinafter 'the plaintiff') was dismissed. The first appellate court has thus decreed the plaintiff's suit as laid in a matter pertaining to unauthorised abstraction of electrical energy.
(2.) In my considered opinion, following substantial question of law arises in this second appeal : (1) Whether the civil court has jurisdiction in addressing matters pertaining to unauthorised abstraction of electrical energy and whether such jurisdiction of the civil court is altogether debarred with reference to Section 145 of the Electricity Act, 2003.
(3.) Admit. With the consent of the counsel for the parties, the appeal has been finally heard.;