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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

307 RSA-1229-2022 (O&M)

Date of Decision: 14.05.2026

Dakshin Haryana Bijli Vitran Nigam Ltd. & Ors.

.… Appellants

Versus

Ram Pal .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - Mr. Madhur Singh, Advocate for the appellants.

***

NIDHI GUPTA, J. (ORAL)

1. The appellants-defendants are in second appeal against the judgment

of reversal dated 07.04.2022 passed by the learned Additional District Judge,

Gurugram whereby the appeal filed by the respondent-plaintiff was allowed,

setting aside the judgment and decree dated 08.08.2018 passed by the learned

trial Court; and the suit for declaration & mandatory injunction, filed by the

respondent-plaintiff, was decreed.

2. At the very outset, learned counsel for the appellants submits that

the question of law involved in the present appeal as to whether jurisdiction of

the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has

since been decided by the Hon’ble Division Bench of this Court in RSA-4181-

2016, titled as ‘Mahesh Kumar vs. Sub Divisional Officer and Another’ vide

AMIT KHANCHI

2026.05.14 16:54

I attest to the accuracy and

authenticity of this order

RSA-1229-2022 (O&M) [2]

judgment dated 14.05.2025.

3. In view of the above, the present second appeal is allowed, and the

suit filed by the respondent-plaintiff stands dismissed on the ground of

jurisdiction. However, the respondent-plaintiff is at liberty to take recourse to the

appropriate remedy as available, in accordance with law.

4. It is made clear that any evidence recorded/observations made in the

impugned judgments and decrees would not operate as res judicata in any

subsequent proceedings initiated by the respondent-plaintiff.

5. Pending application(s), if any, shall stands disposed of.

6. Registry is directed to send a copy of this order through Registered

Post to respondent-plaintiff/Ram Pal son of Sh. Ragbir Singh at the address

mentioned in the Memo of Parties.

14.05.2026 ( NIDHI GUPTA )

amit JUDGE

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

AMIT KHANCHI

2026.05.14 16:54

I attest to the accuracy and

authenticity of this order

AMIT KHANCHI

2026.05.14 16:54

I attest to the accuracy and

authenticity of this order