JAY ATUL SHAH Vs. ARVINDBHAI AMRUTBHAI PATEL

JUDGEMENT

(1.) The applicants have filed the present Civil Revision Application under Section 115 of CPC challenging the order dated 12.08.2015 passed by the Deputy Collector in Revision Application No. 6 of 2015 filed under Section 23(2) of the Mamlatdars' Courts Act, 1906 (hereinafter referred to as 'the said Act'), and the order dated 29.04.2015 passed by the Mamlatdar, Kheda in Case No. 2 of 2014 filed under Section 5 of the said Act.

(2.) On the preliminary issue having been raised as to the maintainability of the Revision Application under Section 115 of CPC, the Court had heard the learned advocates for the parties on the said issue without entering into the merits of the case. Both the learned advocates for the parties had fairly stated that there being diverse opinions of the Courts on this issue, they would assist the Court in deciding this issue, rather than being adversaries.

(3.) Mr. Sunit Shah, learned counsel for the petitioner placing reliance on various decisions of this Court and other Courts submitted that Courts specified in Section 3 of the CPC are not exhaustive and the High Court has power of superintendence over all subordinate Courts within its jurisdiction. The scope of Section 115 of CPC therefore should not be restricted to the Courts mentioned in Section 3 of CPC only. He has also relied upon the order passed by this Court in the case of Narendrabhai Raijibhai Patel vs. State of Gujarat and Others in Special Civil Application No. 13028 of 2009 passed on 05/08/2010, and submitted that the Coordinate Bench relying upon the decisions of Bombay High Court, has categorically held that the Civil Revision Application under Section 115 of CPC would be maintainable against the order passed by the Collector under the Mamlatdars' Courts Act. He has also relied upon the decision of Bombay High Court and of Karnataka High Court to submit that the Mamlatdar's Court being Civil Court, High Court would have powers of superintendence over the said Courts, and therefore, the orders passed under the said Act could be challenged before the High Court in the Revision Application filed under Section 115 of CPC. However, the learned Senior Advocate Mr. P.C. Kavina for the respondents submitted that the Court of Mamlatdar being not the Civil Court subordinate to the High Court, the orders passed by the Mamlatdar or the Collector under the said Act, could not be challenged by way of Revision Application under Section 115 of CPC. According to him, there being a provision of Revision under Section 23 of the Mamlatdars' Courts Act, it is inconceivable to have second Revision under Section 115 of CPC against the order passed by the Collector under Section 23 of the Mamlatdars' Courts Act.