R.D. Kothari, J.

1. Origin of this petition, in a sense, lay in obscurity because it arises from non-existent suit. To be precise, application for "restoration" (Exh. 112) of suit came to be allowed by the trial Court in exercise of power under Sec. 151 of C.P.C. Hence, the present petition. This petition, thus, therefore, raises question of scope of Sec. 151 of C.P.C. and whether suit can be restored in exercise of inherent powers? Few relevant facts are thus:

1.1. The respondent had instituted Regular Civil Suit No. 1442 of 1995 before the Senior Division Court at Baroda in substance praying that petitioner herein be restrained from interfering or obstructing the plaintiff, in taking delivery of Lot Nos. 11 and 12 material. Earlier, the petitioner herein had issued advertisement to dispose of scrap and allied materials in 1994-95. Respondent's bid was accepted in respect of Lot Nos. 11 and 12. This bid was accepted in 1995.

1.2. It is the say of the petitioner that it has issued delivery order on 23-2-1995. The respondent did not take delivery. Thereafter, some communication has taken place between the parties and finally, respondent has filed present suit against the petiti