P. N. BHAGWATI, D. A. DESAI, J.

( 1 ) THIS Second Appeal comes before us on a reference made by M. U. Shah J. The appellant is the original plaintiff and the respondents are the original defendants. The appellant filed Civil Suit No. 168 of 1968 in the Court of the Civil Judge (Senior Division) Jamnagar claiming permanent injunction restraining the respondents from obstructing the appellant in the exercise of his right of way of his fields bearing Survey No. 719 and 732 through the Shedha that is the boundary line of the fields of the respondents. Since the fields of the respondents over which Lakshman Bhatkar v. Babaji Bhatkar 8 Bom. the right of way was claimed by the appellant were situate in the Sim of Jamnagar but outside its municipal limits the suit fell within Clause (c) of sec. 6 (iv) (c) of the Bombay Court-fees Act 1959 and a fixed Court-fee of Rs. 15/was accordingly paid by the appellant on the plaint. The Civil Judge (Senior Division) Jamnagar referred the suit for disposal to the Second Joint Civil Judge (Junior Division) Jamnagar and after the suit was transferred to him written statements were filed on behalf of the respondents in answer to the suit. Though several c

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