N.V.ANJARIA, J.

Whether the Mamlatdar’s Court under the Mamlatdars’ Courts Act, 1906 and the Collector exercising powers under Section 23(2) of the Act, could be said to be a ‘court’, and the court ‘subordinate to High Court’ within the ambit of and as envisaged under Section 115 read with Section 3 of the Code of Civil Procedure, 1908; whether therefore Civil Revision Application under Section 115 of the Code of Civil Procedure would lie against the orders passed under the Mamlatdars’ Courts Act - are the crisp questions of law required to be addressed and decided together with their incidental legal contours.

2. A divergence of views arose as to the question whether the orders passed under the Mamlatdars’ Courts Act, 1906, in particular the order of the Collector passed in exercise of his powers under Section 23 of the Act, could be challenged by filing Civil Revision Application by invoking Section 115 of Code of Civil Procedure.

2.1 This Court in order dated 05th August, 2010 passed in Narendrabhai Raijibhai Patel v State of Gujarat being Special Civil Application No.13028 of 2009, order dated 29th June, 2010 in Patel Fuljibhai Ghemarbhai v State being Special Civil Appl