SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
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Baharul Islam, J. -
(1.) In this appeal by special leave under Art. 136 of the Constitution, the appellant is the victim of Court's craze for technicalities of law at the cost of justice. This Court exercises its discretionary power under Art. 136 of the Constitution to meet the ends of justice or to remove miscarriage of justice perpetrated in a case.
(2.) This appeal arises out of an execution proceeding. The facts material for the purpose of disposal of this appeal may be stated thus. The appellant was the plaintiff in a pre-emption suit and, got a decree. Respondent No. 1 was the vendee and respondent No. 2, who was the real brother of the plaintiff-appellant, was the vendor. The suit was for pre-emption and possession in respect of some agricultural land. The trial Court decreed the suit on payment of Rupees 15,500/- as the price of the land and Rs. 100/- as the charges on account of registration and other charges of the deed. The appellant deposited the amount as directed by the Court.
(3.) Respondent No. 1 filed an appeal and the Additional District Judge who heard and disposed of the appeal dismissed. the appeal with the modification directing the appellant to deposit a sum of Rs. 1,836.25 more in the trial Court for payment to the vendee, within 15-4-1967; in case of failure the suit was directed to be dismissed. On 14-4-1967, the appellant deposited Rs. 1,836.00 instead of Rs. 1,836.25. He, however, made good the short deposit of 25 paise on 28-10-1968 with the permission of the Court on the allegation that the omission to deposit 25 paise was due to bona fide mistake. Respondent No. 1 filed a regular second appeal before the High Court of Punjab and Haryana. The High Court affirmed the decree of the first appellate Court but ordered the appellant to deposit a further sum of Rs. 500.00 for the improvements made to the land. The appellant was given three months' time to make the payment of the said sum of Rs. 500.00 failing which, it was directed, the suit would stand dismissed. The appellant deposited this sum too within the time limit.;
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