NAYANANANDA NAYAK Vs. AHALYA DEI

JUDGEMENT

(1.) Defendant No. 1 is the petitioner. Aggrieved by an order refusing to entertain an application under Section 151, Civil Procedure Code, this Civil Revision has been filed.

(2.) I have perused the impugned order. I have also beard Mr. P. Kar, the learned counsel for the petitioner and Mr. S. Misra (1), the learned counsel for the contesting opposite parties. - -

(3.) THERE can be no doubt that exercise of the inherent power under Section 151, C. P. C, is purely discretionary. There is also no doubt that the petitioner was, a defaulter. In case the default was for sufficient cause, he should not be penalised for being a defaulter unless the same is the only inevitable effect by operation of law.