STATE OF ORISSA Vs. BRAJESWARI DIBYA AND ORS.

JUDGEMENT

(1.) "The life of the law has not been logic; it has been experience", so said Justice Holmes and the State of Orissa complains that its application for restoration of an execution case has been dismissed upon a theoretical approach and the decision of the Subordinate Judge, Baripada in Miscellaneous Judicial Case No. 69/71 suffers from exercise of jurisdiction illegally and with material irregularity and failure of justice would result if the decision is allowed to stand.

(2.) EXECUTION Case No. 46/59 of the Court of the Subordinate Judge, Baripada has had a chequered career. It came to this Court on an earlier occasion in Civil Revision No. 136/77 at the instance of one of the judgment -debtors. I am not burdening this judgment by narrating the winding course the case has taken. Suffice it to say that there have been various defaults and restorations and such part conduct on the part of the State of Orissa has been invoked against it.

(3.) IT is well settled that previous and subsequent conduct of the applicant is irrelevant. The reason is simple. The applicant may not have good and sufficient cause for his past default but the reason for the default in question may be very satisfying and sufficient. So the Courts have refrained from penalising the applicant for his past and subsequent defaults, if the default in question is backed by sufficient cause.