KISHAN AND ORS. Vs. JIJAMATA DHARMSHALA PUBLIC TRUST

JUDGEMENT

(1.) THIS Civil Revision Application has been filed by original defendants against order dated 12 -09 -1995, in Miscellaneous Application (RJE) No. 55 of 1994 passed by 3rd Joint Civil Judge, Junior Division, Nanded, whereby dismissal order dated 07 -04 -1994, passed in Miscellaneous Application (RJE) 75 of 1993 was set aside on payment of costs of Rs. 500/ -. It was directed that Miscellaneous Application (RJE) 75 of 1993 be restored to file.

(2.) LEARNED counsel for the applicants -original defendants points out that the respondent -trust -original plaintiff filed Regular Civil Suit No. 444 of 1991 for recovery of possession. Referring to revision application, learned counsel for applicants pointed out that on various dates the suit got protracted by plaintiff for more than one year, for recording evidence and ultimately it was dismissed on 29 -06 -1993.

(3.) LEARNED counsel for the applicants then pointed out that the respondent -plaintiff filed Miscellaneous Application (RJE) No. 55 of 1994 to restore Miscellaneous Application (RJE) No. 75 of 1993, which had been dismissed for default on 07 -04 -1994. It is pointed out from the record that even this application was once dismissed in default on 10 -04 -1995, but again restored on the same date on the request of the respondent -plaintiff. However, the trial court after considering the evidence of the respondent -plaintiff recorded on commission, passed impugned order dated 12.09.1995 and restored Miscellaneous Application (RJE) No. 75 of 1993. It is submitted that looking to the earlier conduct of the respondent -plaintiff there was no justification to restore the Miscellaneous Application and thus, the impugned order is illegal and deserves to be set aside.