UNIVERSITY OF RAJASTHAN Vs. RAM DAYAL SHARMA

JUDGEMENT

(1.) Having heard the learned counsel for the parties I am satisfied that this revision petition is not only wholly misconceived, misplaced but also ill-advised. It is really shocking that though the University of Rajasthan, as is heard, is facing the financial crisis but so far as the expenses on litigation is concerned, its officers are lavishly spending money in unnecessary litigation. The order which has been passed by the learned Additional Civil Judge (Jr.Div.), Jaipur City (East), Jaipur in case No. 347/1997 whereby the application under Order 7, Rule 11 of the CPC filed by the University has been rejected, is just and reasonable and the University, in my opinion, is not a person affected to the extent where it is required to be challenged. The application has been filed under Order 7, Rule 11 of the CPC for dismissal of the suit. That has been rejected. It is a suit for declaration, no doubt, is filed by the plaintiff-respondent. But where a decree for the consequential benefits is granted there cannot be any difficulty to take the same by paying the Court fees in the execution. Still the University has brought this revision petition before this Court which clearly shows how levishly its Officers are spending the money in litigation which could have better utilised to provide facilities to its students.

(2.) It is understandable as the University is impersonal its Officers may spend the people's money levishly to file such a frivolous and baseless revision petition but the poor plaintiff- respondent has been drage in the litigation and he has to be compensated for the expenses incurred by him in defending this litigation without there being any fault on his part.

(3.) In the result this revision petition fails and the same is dismissed with cost s which is quantified to Rs. 1,000/-. Amount of the costs is to be paid personally to the plaintiff-respondent by account payee cheque/DD/Pay Order.