Rajasthan Tenancy Act, 1955–Sec. 53–Code of Civil Procedure, 1908–Sec. 151–Dismissal of suit for partition for non-prosecution after the preliminary decree had been passed–Application for restoration of suit–Allowed–After the preliminary decree was passed, the proceedings for final decree were pending and suit proceedings were adjourned on many dates due to interim order passed by this Court–Parties were regularly appearing on the dates of adjournments–On 14.03.2002, new Presiding Officer joined and on the very next date i.e., on 04.04.2002, the suit was dismissed for non-prosecution–Merely non-appearance of the plaintiff or his counsel on one occasion should not be allowed to scrap the complete exercise made by the Trial Court–Judgment and preliminary decree have been affirmed up to High Court–One should not be made to suffer the rights adjudicated up to this Court–Order of allowing the restoration application for restoration of suit warrants no interference.
