CHANDRABHAGABAI KRISHNASA BASAVA ALIAS CHANDRABHAGABAI Vs. VASANT

JUDGEMENT

(1.) IN this revision petition the legality and validity of the order passed by the appellate Court setting aside the order dated 3-2-1998 in OS. No. 167/97 and restoring the suit which was dismissed for non-prosecution is questioned.

(2.) LEARNED Counsel for the petitioners vehemently contended that the respondent is not entitled to the relief as he has not complied with the condition imposed by the Trial Court in the interim order dated 14-7-1997 granting temporary injunction. He further states that since the said order was not complied with, the suit was dismissed for non-prosecution and even the Miscellaneous no. 6/98 was also dismissed. M. A. No. 26/99 filed against same was allowed and questioning the legality and validity of the said order the present revision petition is filed.

(3.) I have perused the orders of the Courts below. The appellate Court exercised its discretion and restored the suit by setting side the order by which it was dismissed for non-prosecution. The appellate Court observed that normally a litigant does not stand to get benefit by dismissal of his case. Rightly the appellate Court held that judiciary is respected for eliminating injustice and providing justice. I fully concur with the views expressed by the appellate court for restoring the suit.