1 THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL REVISION PETITION NO.43/2008. The Chairman & M.D., J.V.V.N.L. & Others. VERSUS Shri Gopal Lal Sharma. 21.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Bipin Gupta, for the petitioners ***** Heard learned counsel for the petitioners. In the suit filed by the plaintiff- respondent, the petitioners moved an application under Order 7 Rule 11 C.P.C. for dismissal of the suit as being barred under the provisions of Indian Electricity Act, 2003. Admittedly, the written statement has already been filed. The plaintiff's evidence by way of affidavit has been filed and the cross examination of the plaintiff is to take place. Admittedly, the defendants have not raised the aforesaid plea in the written statement and the suit has progressed considerably. The learned trial court seized of the matter, has recorded in the order impugned that the dispute which has been raised by the plaintiff that the amount was recovered forcibly can only be decided by taking evidence, cannot be said to be perverse. In that view of the matter, the revision petition is liable to be dismissed. Learned counsel for the petitioner submits that he may 2 be permitted to amend the written statement to incorporate the above plea. So far as this plea is concerned, suffice it to say that in case the petitioners, so choose, they may move an application for amendment of the written statement before the learned trial court which shall be determined and decided in accordance with the law. Subject to the above, the revision petition as well as the stay application are dismissed. (DALIP SINGH),J. Solanki DS, Jr.P.A.