RATANCHAND BALARAM SHAH Vs. KUMAR GANGABAI SHELGONDA PATIL
HIGH COURT OF BOMBAY
RATANCHAND BALARAM SHAH
KUMAR GANGABAI SHELGONDA PATIL
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(1.) THIS is a revision application against the decision of the learned Extra Assistant Judge, Kolhapur in B. A. D. R. Appeal No. 1 of 1970 filed in the Dist. Court at Kolhapur. That was an appeal against the decision and order passed by the learned Civil Judge, Junior Division Kagal, on 3rd April 1970 in Award Darkhast No. 4 of 1965. The learned Extra Assistant Judge by his judgment and order dated 18th February 1971 dismissed the appeal with costs and confirmed Civil Judge Junior Division, Kagal. Being aggrieved by the above decision of the learned Extra Assistant Judge, revision application. By an order made on 11th October 1971 Gatne, J. referred the matter to a Division Bench and in these circumstances it has come up for hearing before us.
(2.) THE narrow point arising for determination in the revision application is the meaning to be given to the expression "suit instituted in any Civil court" occurring in Section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Bombay Tenancy Act ). The question is whether by this expression the Legislature intended to mean only a suit instituted by presentation of a plaint as provided in the Code of Civil Procedure or whether it encompasses all other proceedings before a Civil Court in which any right claimed or any claim is made or prosecuted or a remedy pursued by a process of law.
(3.) IN order to appreciate the rival contentions, a few facts may be stated:;
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