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2017 Supreme(Guj) 1858

BELA M.TRIVEDI
Vajabhai Polabhai Kanjariya – Appellant
Versus
Prabhubhai Thakershibhai Kanjhariya – Respondent


Advocates:
Advocate Appeared:
For the Applicants : Ms. Megha Jani
For the Opponents : Mr. Venugopal Patel, Mr. Anand L. Sharma

JUDGMENT :

1. All these Civil Revision Applications have come up for consideration on the issue of their maintainability in the wake of the decision of the Division Bench in Civil Revision Application No.386 of 2015 in case of Jay Atul Shah & Ors. Vs. Arvindbhai Amrutbhai Patel & Ors., decided on 21.7.2017, in which the reference made to the Division Bench has been answered as under:-

“10. In light of the foregoing discussion and reasons, the reference is answered as follows.

“Civil Revision Application would not be maintainable before this Court under Section 115 of the Code of Civil Procedure, 1908 against the orders passed by the Collector under Section 23(2) of the Mamlatdars' Courts Act, as the Collector functioning under the said Section or any of the authorities under the Mamlatdars' Courts Act cannot be construed as 'court' within the meaning and for the purposes of Section 115 of the Code and they are not 'the court subordinate to the High Court' under and for the purposes of the Code.”

2. The respective learned Advocates for the applicants have submitted that though their Civil Revision Applications filed under Section 115 of CPC against the orders passed by the Collector or





















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