POPAT MOHAN KOLI Vs. PATEL JASRAJ DHARAMSHI

JUDGEMENT

(1.) The opponent filed a suit against the applicant under Sec. 5 of the Mamlatdars' Courts Act, 1904 (II of 1906) hereinafter referred to as 'the Act', for permanent injunction restraining the applicant from obstructing the opponent from using way to go to his farm.

(2.) The short grievance of Mr. B. J. Jadeja, learned Advocate for the patitioner is that the procedure as prescribed under Sec. 14 of the Act has not been followed and that has resulted in miscarriage of justice On a plain reading of Sec. 14 of the Act and upon going through the notice for local inspection, the submission of Mr. Jadeja would hold good. Section 14 reads as under :

(3.) It is clear from the reading of the above provision that the Mamlatdar is empowered to fix the place of trial and notice of fixation of such place of trial has to be given to parties.