MANJUNATH DASAPPA Vs. TRANS GLOBAL POWER LTD

JUDGEMENT

(1.) The petitioners, who are defendants in a suit for declaration and recovery of possession, have preferred this writ petition against the second order passed by the Trial Court on 21.02.2018, whereby the Trial Court has restored the civil suit for further proceedings while recalling its first order passed in the morning session.

(2.) Learned counsel for the petitioners submits that the order aforesaid was passed without notice to the petitioners. Though it appears that the order impugned was passed without notice to the counsel for the defendants but thereby, the suit dismissed for default in the morning session was restored that very day and that too on the costs of Rs. 5,000/-. This Court is clearly of the view that every procedural shortcoming does not invest any party to the litigation with any vested right, particularly, in the matters of default dismissal. It remains trite that the matters are preferred to be decided on merits rather than on technicalities. In the suit of the present nature involving immovable property and substantial rights of the parties, it is always preferred that the matter is decided on merits.

(3.) In the given set of facts and circumstances, even if it be taken that the procedure adopted by the Trial Court discloses an irregularity, it cannot be said that such an irregularity is a material one leading to failure of justice. Nothing of prejudice to the defendants is seen in the order impugned.