SONIYA DEVI Vs. RAM NARESH RAJAK

JUDGEMENT

(1.) I have heard the arguments on both the parties and perused the case records.

(2.) The present writ petition has been filed for quashing the judgment dtd. 18/4/2015 passed by District Judge-V, Palmau at Daltonganj passed in Misc. Appeal No. 10 of 2012 by which appeal preferred against the order dtd. 31/8/2012 passed in Misc Case No. 13/2011 has been dismissed.

(3.) Present petition reminds the dictum of Hon'ble Supreme Court in the case of Konkan Trading Company Versus Suresh Govind Kamat Tarkar & ors. reported in (1986) 2 SCC 424 as under:- Has Justice become the lip aim of courts instead of their life aim? It is a fact that only the spelling of the word "justice" is remembered and the content of the concept is forgotten? Were it not so, would a court in its professed anxiety to do justice, dismiss a suit as incompetent on the ground that a sum of Rs.100.00 order to be paid as cost whilst granting leave to withdraw the earlier suit with liberty to file a fresh suit was deposited "after the institution of a fresh suit and not before the institution thereof".