goan 21 June 2023

Mamlatadar and cpc

Hi,

I recently filed an Intervention application at the mamlatadar in Goa and I worded the application as " INTERVENTION APPLICATION UNDER ORDER 1 RULE 10 OF CPC 1908"

Post submitting the application I was made aware that procedure of mamlatadar courts does not come under CPC. I just wanted to ask the following.

1) Are cases before the mamlatdar not governed by the CPC procedure code?

2) Incase using the word CPC in my application is wrong, will my intervention application be rejected? everything else is in order.

3) Do I have to rectify this application ? or should I wait and see what the mamlatadar is saying.

Thank you very much.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 June 2023

The word “Mamlatdar” is derived from original Arabic World MUAMLA (Mamla) means complicated matter or case and the officer who solves such matters or issues is Mamlatdar. The Mamlatdar is the Head of revenue administration consisting of average 50 or more groups of villages.It is not governed by CPC.

T. Kalaiselvan, Advocate (Advocate) 21 June 2023

Though the civil procedure code is held not to be applicable to Mamlatdar’s court, by a uniform current of decisions. It is laid down that the Mamlatdar’s Courts are ‘Civil Courts’.
The jurisdiction of Mamlatdar is purely of statutory creation and for his guidance and he must look solely to the terms of the statute under which he exercises them.

It has been held in 38 Cal. 188 that the phrase civil court is comprehensive enough to include the Revenue Court deciding rent suits and executing rent decrees.

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