BHAGWATI PRASAD Vs. SURESH CHANDRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE controversy involved in the case in hand is very small in nature though the learned counsel appearing on behalf of the plaintiff-opposite-party tried to establish that an intricate question of law is involved on the basis of decisions reported in AIR 1983 Rajasthan 146, AIR 1979 Patna 78, AIR 1979 Rajasthan 215, AIR 1987 (2) RLR 386 and 1994 (3) Current Civil Cases 482.

(3.) LEARNED counsel Mr. R. P. Dave, appearing on behalf of the non-petitioner urged before me that in the case of Collector, Land Acquisition (supra), it is not the ratio of that case but it is obiter dicta. In my humble opinion, even obiter dicta of the Apex Court is to be given highest respect. In my considered opinion, all Civil Courts are expected to make a justice oriented approach. A court of law and justice cannot afford to allow the substantial justice either to escape or to slide on mere technicalities where aggrieved party can be adequately compensated for his inconvenience by awarding costs.