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1979 Supreme(Guj) 168

S.H.SHETH, A.N.SURTI, N.H.BHATT
TARABEN RAMANLAL MODI – Appellant
Versus
BAI KAMLA WD/o JASHBHAI SHANKERBHAI – Respondent


Advocates Appeared: BHARAT B.NAIK, E.E.TRAJKER, MAHENDRA A.PATEL, P.B.MAJUMDAR, R.A.MISHRA

A. N. SURTI, N. H. BHATT, S. H. SHETH, J.

( 1 ) THIS group of cases have been referred to the Full Bench for deciding the contour of jurisdiction of the Civil Court under sec. 11 of the Gujarat Rural Debtors Relief Act 1976 read with sec. 12 thereof. In Rana Mafatlal Gordhanbhai v. Mahendrabhai Babubhai 19 G. L. R. 529 Mr. Justice B. K. Mehta interpreted these sections and tried to resolve the conflict of jurisdiction between the Civil Court on one hand and the Debt Settlement Officer on the other hand by holding that the jurisdiction of the Civil Court is completely ousted and if any question under the said Act arises the Civil Court must stay the suit and direct the party to have the question decided by Debt Settlement Officer. After Mr. Justice B K. Mehta rendered that decision the same question arose before a Division Bench of this Court in Parshottam Ambavi v. Patel Hansraj Valji Bhalodia 20 G. L. R 7. The decision rendered by Mr. Justice B. K. Mehta was not shown to the Division Bench. The Division Bench therefore did not have the benefit of knowing his views. Upon the consideration of several provisions of the said Act the Division Bench decided that jurisdiction of the Civil






































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