STATE OF GUJARAT Vs. MER PRABAT RAMAJI

JUDGEMENT

(1.) By this revision, petitioner-State has challenged the judgment and order dated 22-4-1985 passed by the learned Assistant Judge, at Jamnagar, in Misc. Civil Appeal No. 113 of 1984. Thus, the State has invoked the provisions of Sec. 115 of this Code of Civil Procedure ("Code" for short hereinafter). * against the order passed by the Assistant Judge, Jamnagar in Misc. Civil Appeal No. 113 of 1984 whereby the Judge confirmed the order passed by the trial Court in R. C. S. No. 914 of 1983.

(2.) Learned Assistant Government Pleader Shri D. N. Trivedi appeared for the petitioner-State. Learned Advocate Shri. M. N. Popat for learned Advocate Mrs. M. C. Thakkar, appeared for the respondent.

(3.) The impugned order is challenged on diverse grounds. However, one of the contentions, pertaining to the competence and jurisdiction of the Court, being important and going to the root of the matter, is examined and considered first. Mr. Trivedi, learned A. G. P. for the State, seriously contended that Civil Court has no jurisdiction and, therefore, the passing of interim order by the trial Court and then confirming by the appellate Court would be totally invalid and illegal. Thus, it brings into the focus as to whether the Civil Court has jurisdiction in such matters or not.