- (1.) Present revision petition has been filed against the orders passed by the learned Sub Judge IIIrd Class, Karnal vide which execution application moved by the petitioner was ordered to be dismissed.
(2.) The petitioners filed a suit for possession by way of pre-emption which was decreed vide judgment and decree dated 21.3.1985 subject to payment of Rs. 22539.50 P. minus 1/5th pre-emption money of Rs. 3938/-. The amount was to be paid on or before 24.5.1985. It was also observed that on failure to pay the amount afore-stated the suit of the plaintiff was to be deemed to have been dismissed. In compliance of the judgment and decree the petitioners got treasury challan passed on 24.5.1985 for deposit of decretal amount. However, the same could not be deposited on account of holiday in the bank on the said day. He immediately moved an application on 24.5.1985 before the Court for deposit in the Court itself or in the alternative prayed for deposit on the next date. The learned trial Court was pleased to pass the following order on the application:-- "Learned counsel for the applicant has filed an application for deposit of the decretal amount in the Court as Bank was closed today due to 'Gurpurv'. Heard on the application. The application is allowed to deposit the amount tomorrow in the Bank at his own risk and responsibility as today Bank is closed. Sd/- 24.5.1985"
(3.) It is not in dispute that on the next day i.e. 25.5.1985 petitioners deposited the amount. The respondent thereafter moved an application for withdrawal of the amount, however, that was declined as the amount was not deposited by 24.5.1985 but was in fact deposited on 25.5.1985. The execution application moved by the petitioners was thereafter dismissed by holding that since the suit stood dismissed for non deposit of amount by 24.5.1985, the execution application was not maintainable.;