civil court hearing all suits of civil nature, where statutory circulars and instructions provide for decision on grievances, civil courts are excluded from taking cognizance

Citation

CDJ 1997 SC 256

Head Note

Indian Electricity Act and Indian Electricity (Supply) Act read with Institutions issued by Board for hearing of aggrieved consumer - Held, although Section 9 of C.P.C. provides for civil court hearing all suits of civil nature, where statutory circulars and instructions provide for decision on grievances, civil courts are excluded from taking cognizance - In view of provision of appeal or review, the aggrieved consumer ought to avail of remedy available instead of invoking Article 226 - Suit is not maintainable by necessary implication - Within six weeks respondent should approach the Authorities - Respondent allowed to pay the electricity charges in six monthly instalments. [Paras 9, 10 and 11]

Civil Procedure Code, 1908, Section 9 - Where statutory rights and remedies are available, jurisdiction is excluded. [Para 10]

COMPARATIVE CITATIONS:
1997 (3) CLT 306, 1997 (5) JT 182, 1997 (3) Supreme 615, 1997 (3) Scale 360, 1997 (5) SCC 120, 1998 (1) MLJ 1 (SC)