Section 9
CPC
Consent decree - Appellants were not a party to the proceedings at the stage when the consent order came to be passed
Civil Procedure Code, 1908 (V of 1908), Sections 9, 96 – Consent decree - Appellants were not a party to the proceedings at the stage when the consent order came to be passed - The consent orders would consequently not have a binding effect on the present Appellants - Since the Appellants were not a party to the proceedings, and the Consent order has been passed on the terms agreeable to the parties to the proceedings, it shall not be binding upon the Appellants, and their rights could be examined independently in the substantive suit filed at their instance.
Tags: CPC, section 9 cpc
Electricity Act, S. 145
S. 9 – Electricity Act, S. 145 – Bar to Civil Court’s jurisdiction – Applicability – Suit raising dispute regarding payment of bill and disconnection of electricity – Aggrieved party can move to appellate authority under revisions of Act of 2003 – Civil suit filed by party not maintainable in view of bar to Civil Court’s jurisdiction as provided under S. 145 of Act
In the present case, the suit of the plaintiff was itself not maintainable as there was an express bar and, therefore, the matter was liable to be dismissed in view of Section-9, Code of Civil Procedure, therefore, this Court finds that there is no substantial question of law on which this appeal can be admitted. (Kulsoom Khan alias Kulsoom Begum v. Uttaranchal Power Corporation Ltd.; AIR 2012 Uttarakhand 105)