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Manjunath Dasappa & Others v/s Trans Global Power Ltd., Represented by its Authorised Signatory T.K. Praveen


Company & Directors' Information:- V TRANS (INDIA) LIMITED [Active] CIN = U60210MH1990PLC054883

Company & Directors' Information:- B N GLOBAL PRIVATE LIMITED [Active] CIN = U15400PB2014PTC038543

Company & Directors' Information:- TK INDIA PRIVATE LIMITED [Active] CIN = U33112CH1999PTC022933

Company & Directors' Information:- K V GLOBAL PRIVATE LIMITED [Active] CIN = U24100DL2014PTC263567

Company & Directors' Information:- GLOBAL CORPORATION LIMITED [Active] CIN = L74999DL1992PLC048880

Company & Directors' Information:- T & I GLOBAL LTD. [Active] CIN = L29130WB1991PLC050797

Company & Directors' Information:- TRANS INDIA POWER PRIVATE LIMITED [Amalgamated] CIN = U40102TN2005PTC058120

Company & Directors' Information:- K G GLOBAL PRIVATE LIMITED [Active] CIN = U74999DL2000PTC104788

Company & Directors' Information:- A. V. GLOBAL CORPORATION PRIVATE LIMITED [Active] CIN = U63090DL2007PTC159315

Company & Directors' Information:- A N GLOBAL LIMITED [Active] CIN = U92110MH1985PLC035269

Company & Directors' Information:- D S GLOBAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071516

Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- A B C GLOBAL PRIVATE LIMITED [Active] CIN = U51909PB2011PTC035103

Company & Directors' Information:- I A T GLOBAL COMPANY PRIVATE LIMITED [Active] CIN = U24116DL1997PTC084916

Company & Directors' Information:- J D GLOBAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC091270

Company & Directors' Information:- A B TRANS PRIVATE LIMITED [Active] CIN = U31102UP1993PTC015736

Company & Directors' Information:- GLOBAL POWER COMPANY LIMITED [Active] CIN = U74140WB2000PLC091808

Company & Directors' Information:- B N G GLOBAL INDIA LIMITED [Active] CIN = U52590DL2011PLC225377

Company & Directors' Information:- N K COMPANY (GLOBAL) PRIVATE LIMITED [Active] CIN = U52390WB2010PTC153624

Company & Directors' Information:- K B K GLOBAL PRIVATE LIMITED [Active] CIN = U24296DL2016PTC290487

Company & Directors' Information:- TRANS POWER PVT LTD [Active] CIN = U31200AS1978PTC001731

Company & Directors' Information:- M & D GLOBAL PRIVATE LIMITED [Active] CIN = U31101UP1974PTC003937

Company & Directors' Information:- V R GLOBAL PRIVATE LIMITED [Active] CIN = U45200WB2007PTC120797

Company & Directors' Information:- M M GLOBAL PRIVATE LIMITED [Strike Off] CIN = U29120WB1986PTC041280

Company & Directors' Information:- R V GLOBAL PRIVATE LIMITED [Active] CIN = U74990MH2009PTC195301

Company & Directors' Information:- M M C GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U11200MH2010PTC206910

Company & Directors' Information:- S R GLOBAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1997PTC084553

Company & Directors' Information:- H V GLOBAL PRIVATE LIMITED [Active] CIN = U18101DL2000PTC103960

Company & Directors' Information:- R P GLOBAL PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193409

Company & Directors' Information:- M S GLOBAL PRIVATE LIMITED [Active] CIN = U70100MH2008PTC213273

Company & Directors' Information:- R S V GLOBAL LIMITED [Strike Off] CIN = U51909DL1994PLC059032

Company & Directors' Information:- N B GLOBAL (INDIA) PRIVATE LIMITED [Active] CIN = U15122UP2012PTC051614

Company & Directors' Information:- N T B TRANS (INDIA) PRIVATE LTD [Active] CIN = U74899DL1988PTC031792

Company & Directors' Information:- S N R TRANS PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095721

Company & Directors' Information:- M-TRANS INDIA PRIVATE LIMITED [Active] CIN = U60231MH2006PTC163211

Company & Directors' Information:- U-TRANS INDIA PRIVATE LIMITED [Active] CIN = U35111MH2006PTC161283

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

Company & Directors' Information:- A M GLOBAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261061

Company & Directors' Information:- L S A GLOBAL INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098308

Company & Directors' Information:- R L GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U52300HP2014PTC000764

Company & Directors' Information:- G R GLOBAL PRIVATE LIMITED [Active] CIN = U70102KA2013PTC069586

Company & Directors' Information:- H. E. GLOBAL PRIVATE LIMITED [Active] CIN = U72901GJ2016PTC092866

    Writ Petition No. 14380 of 2018 (GM-CPC)

    Decided On, 13 August 2018

    At, High Court of Karnataka

    By, THE HONOURABLE CHIEF JUSTICE MR. DINESH MAHESHWARI

    For the Petitioners: Rupa Ron, C.M. Poonacha, Advocates. For the Respondents: R. Nataraj, Advocate.



Judgment Text


(Prayer: This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the Order Dated 21.02.2018 passed on I.A. Dated 21.02.2018 filed by the Respondent/Plaintiff under Section 151 of CPC in O.S.No.9398/2013 on the file of the X Additional City Civil and Sessions Jude, Bangalore, Vide Annexure-A & etc.)

The petitioners, who are defendants in a suit for declaration and recovery of possession, have preferred this writ petition against the second order passed by the Trial Court on 21.02.2018, whereby the Trial Court has restored the civil suit for further proceedings while recalling its first order passed in the morning session.

The Trial Court restored the suit on the very date of dismissal with the short order, which reads as under;

"Plaintiff and Plaintiff counsel present and filed advancement and restoration application u/s 151 of CPC.

Defendant counsel absent. Heard for the reasons stated in the both applications order for the dismissal of suit for non prosecution made in the morning session is recalled on cost of Rs.5,000/-.

Plaintiff counsel submits no further chief. Intimate restoration of suit to the defendant counsel by RPAD paid by the plaintiff and next stage of the case.

For cross of PW-1 by 28.03.2018."

Learned counsel for the petitioners submits that the order aforesaid was passed without notice to the petitioners.

Though it appears that the order impugned was passed without notice to the counsel for the defendants but thereby, the suit dismissed for default in the morning session was restored that very day and that too on the costs of Rs.5,000/-.

This Court is clearly of the view that every procedural shortcoming does not invest any party to the litigation with any vested right, particularly, in the matters of default dismissal. It remains trite that the matters are preferred to be decided on merits rather than on technicalities. In the suit of the present nature involving immovable property and substantial rights of the parties, it is always preferred that the matter is decided on merits.

In the given set of facts and circumstances, even if it be taken that the procedure adopted by the Trial Court discloses an irregularity, it cannot be said that such an irregularity is a material one leading to failure of justice. Nothing of prejudice to the defendants is seen in the order impugned.

This Court is

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not inclined to entertain this petition under Article 227 of the Constitution of India and to consider interference in the order of restoration passed by the Trial Court that only serves the cause of justice. Accordingly, this petition stands dismissed.
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