DAMJIBHAI BIJIBHAI VASAVA versus RANCHHODBHAI ZINABHAI AND ORS.

DAMJIBHAI BIJIBHAI VASAVA versus RANCHHODBHAI ZINABHAI AND ORS.

There was an important and substantial question of law concerning the jurisdiction of revenue authorities under Bombay Land Revenue Code in relation to a partition decree under Section 54 CPC, justifying admission of second appeal.

Parties
Appellant: D.B. Vasava; Respondents: Ranchhodbhai Zinabhai and Ors.
Jurisdiction
India
Judgment Date
09 February 2000
Procedural Posture
Civil Appeal / Appeal From Summary Dismissal of Second Appeal by Gujarat High Court
Outcome
Appeal allowed; order of Gujarat High Court set aside; second appeal remanded to High Court for admission and disposal on merits after notice to parties.
Legal Topics
Partition, Appeals, Jurisdiction of Revenue Authorities
Civil Procedure Land Revenue Partition Appeals Jurisdiction of Revenue Authorities

Case Brief

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Parties

D.B. Vasava

Appellant

Ranchhodbhai Zinabhai and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Summary Dismissal of Second Appeal by Gujarat High Court

Legal Issues

  1. 1 Whether Deputy Secretary had jurisdiction to revise Collector's order under Bombay Land Revenue Code after partition decree under Section 54 CPC
  2. 2 Whether the second appeal involved a substantial question of law

Ratio Decidendi

There was an important and substantial question of law concerning the jurisdiction of revenue authorities under Bombay Land Revenue Code in relation to a partition decree under Section 54 CPC, justifying admission of second appeal.

Court Disposition

Appeal allowed; order of Gujarat High Court set aside; second appeal remanded to High Court for admission and disposal on merits after notice to parties.

Orders

  • High Court's summary dismissal order set aside
  • Second appeal to be treated as admitted