REWARIA Vs. RAM KISHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Revenue Appellate Authority Kota dated the 27th November, 1963 whereby the learned Revenue Appellate Authority dismissed the appeal of the petitioner against the judgment and decree of the Sub-Divisional Officer, Gangapur dated the 24th April, 1963, for want of compliance of the court's order dated the 14th October, 1963.

(2.) IT was averred on behalf of the petitioner that the lower appellate court had taken a strict view of the matter and had failed to exercise the jurisdiction vested in it to condone the default of the petitioner. IT was stated that the appeal filed by the petitioner had been dismissed in default on the 10th June, 1963 and was subsequently restored on the 14th October, 1963, subject to the payment of Rs. 10 as costs. IT was stated that on the next date of hearing, viz. , the 27th November, 1963 the appellant had submitted an application that he was able to arrange for only Rs. 5/- and he, therefore, sought an adjournment for 2 months so that he could arrange for the remainder of Rs. 5/ -. The learned counsel for the petitioner argued that courts were meant to do justice between the parties, and undue emphasis on technicalities which cramps their powers and diminishes their effectiveness and defeats the very purpose for which they are constituted should not be insisted upon. In this connection, he sought support from A. I. R. 1960 S. C. 368, and pleaded that justice should be tempered with mercy and humanism.