JAY ATUL SHAH Vs. ARVINDBHAI AMRUTBHAI PATEL

JUDGEMENT

(1.) 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.

(3.) While dealing with the captioned Civil Revision Application, learned Single Judge, after prima facie consideration of Section 115 read with Section 3 of the Code and further prima facie taking into account the kind and nature of the provisions of the Mamlatdars' Courts Act viewed the issue differently, stating inter alia in order dated 07th April, 2017,