LILU Vs. GOKAL CHAND

JUDGEMENT

(1.) This second appeal against the judgment and decree of the learned Additional District Judge, Karnal, dated July 21, 1967, arises out of a suit for pre-emption which was dismissed for non-deposit of one fifth of the sale price.

(2.) The admitted facts leading to this appeal are that the plaintiff was directed vide order dated July 17, 1965, to deposit one-fifth of the sale consideration by September 16, 1965. The plaintiff, however, moved an application on September 10, 1965, for extension of time and he was consequently allowed to make the deposit by October 8, 1965. The plaintiff still having failed to make the deposit, moved another application on October 11, 1965, and the period was again extended upto November 12, 1965, on which date the said deposit was made.

(3.) On appearance, the defendants raised a preliminary objection that the one-fifth of the sale consideration having been not deposited within time, the plaint was liable to be rejected. The arguments advanced, in support of this contention, was that the suit had been withdrawn from the file of the learned Subordinate Judge by the learned Additional District Judge vide order dated October 11, 1965, and that the order of withdrawal being effective from the date it was passed, the learned Subordinate Judge had no jurisdiction to pass the order extending the time on the said date. The learned Subordinate judge vide order dated July 14, 1966, accepted the contention of the defendants and rejected the plaint. The plaintiff having failed also in appeal before the learned Additional District Judge, has come up in this second appeal.