Decided on October 01,1954

SEWA SINGH Appellant
TARA CHAND Respondents


- (1.) THIS is an appeal brought against an appellate decree of the Senior Subordinate Judge, jullundur, dated 23-11-1950, reversing the decree of the trial Court which had dismissed the plaintiff's suit for pre-emption on the ground that it was barred by time.
(2.) THE sale of the land in suit was made in favour of Sewa Singh, a minor of three years of age, by Mst. Malan for a sum of Rs. 2,750/- and the sanction of the mutation was on 23-3-1949. Tara chand, plaintiff-respondent, brought a suit for pre-emption of this sale. On 22-3-1950, he filed an application in the Court of the District Judge to the following effect : "the petitioner had engaged a counsel at Jullundur and original documents which are relied upon are also at the Sadar (Jullundur ). It is therefore prayed that the plaint be sent to any Court at sadar instead of the Court at Nawanshahr". This application was handed over to the District Judge himself. There is a dispute between the parties as to whether the plaint was, or was not presented along with the application, but for the purposes of this case I shall assume that it was presented and that seems to be more probable because of the orders which I am going to refer to and the statement of P. W. 1, the Ahlmad of the Court, whose testimony is uncontradicted. Upon this on 23-3-1950, the learned District Judge issued notice to the respondents for 11-4-1950, on which date objection was taken by the guardian of the vendee against the case being tried at Jullundur and the plaint was therefore ordered to be sent to the Subordinate Judge at Nawanshahr and the parties directed to appear there on 17-4-1950, and they did appear on that date. The plaint bears the date 17-4-1950, and it is surprising that neither the Court of the District judge nor the Court of the Subordinate Judge to whom the same was sent for trial has taken the trouble of endorsing the respective dates on which it was filed in the Court of the District Judge and the date on which it was received by the Court of the Subordinate Judge at Nawanshahr.
(3.) AN objection was taken that the suit was barred by time and this objection was given effect to by the trial Court. Mr. P. S. Bindra, the Senior Subordinate Judge, on appeal held the suit to be within time and has decreed the suit holding that the limitation runs from the date of mutation and the suit was within time having been filed in the Court of the District Judge on 22-3-1950, and that the value of the property was fixed in good faith and paid and thus the suit has been decreed on payment of Rs. 2,750/ -.;

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