L. NATHU MAL Vs. L. JOTI PARSHAD AND OTHERS
HIGH COURT OF PUNJAB AND HARYANA
L. Nathu Mal
L. Joti Parshad And Others
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Harnam Singh, J. -
(1.) ON 4th January 1946, Lala Nathu Mal instituted a suit for possession by pre -emption of agricultural land measuring 249 bighas and 3 biswas, one -half share of 10 shops, 2 pacca houses and 8 nauhras situate in Najabhgarh, Delhi Province. Admitting the plaint under R. 9 of O. 7, Civil P. C., the trial Court passed the following order on 14th January 1946 :
Mr. Ambey Dayal Mathur, counsel for the plaintiff. I have seen these objections filed by the plaintiff to the office note about insufficiency of court -fee. The question is not simple and is reserved for decision after framing a preliminary issue. The plaint may be registered for the present and summons may issue to the defendant for 12th February 1946. Scrutiny on 28th January 1946.
(2.) IT appears that on 15th January 1946 the trial Court passed an order which reads :
None of the parties is present. The plaint be registered. Summonses for settlement of issues be issued to the defendants for 12th February 1946 on receipt of process -fee. Kham Pashi 28th January 1916. Zare Panjam (one -fifth of the sale money) be deposited by the Kham date.
On 28th January 1946, Lala Nathu Mal plaintiff made an application in the trial Court which runs:
In this case an order for depositing Rs. 6000 i. e., Zare Panjam (one -fifth of the sale money) has been passed. I, therefore, pray that Rs. 6000 may be got deposited.
Upon the application of the plaintiff set out in the preceding paragraph the trial Court ordered "deposit."
(3.) LALA Nathu Mal plaintiff then obtained an order of the Court on 31st January 1946 directing the money to be paid in the Treasury and the amount of Rs. 6000 was actually deposited in the treasury on 1st February 1946.;
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