KIRANLAL BIHARILAL Vs. SHRIKRISHNADAS RAMNARAYAN

JUDGEMENT

(1.) THIS is Defendant's application in revision against the order of restoration passed under Order 9, Rule 9, Code of Civil Procedure. The Plaintiffs Suit was dismissed for default on 30th October, 1947. On the same day the Plaintiff's filed an application for restoration. The Court after taking evidence ordered the case to be restored on payment of Rs. 25/ - to the Defendant. Against this order the Defendant has filed this revision.

(2.) A preliminary objection has been raised on behalf of the non -applicant that as the Defendant accepted the costs allowed by the court, the Defendant is estopped from questioning the validity of the order. The general, principle of estoppel is that a party cannot be allowed both to approbate and reprobate. He cannot say at one time that a transaction is valid and thereby obtain some advantage and at another time that it is void. This principle is full(sic) explained in 'Venkatarayudu v. Rama krishhnayya' : AIR 1930 Mad 268 (A). In that case Venkatasubba Rao J. made the following observation:

(3.) CONSEQUENTLY the revision is dismissed with costs.