KANIHYA AND KANHI (DEAD) Vs. SUKHI RAM

JUDGEMENT

(1.) The case in hand is an example of a party suffering on account of total casualness in dealing with the matter. An avoidable litigation.

(2.) The challenge is to the order(dtd. 26/10/2009) passed by the High Court(High Court of Punjab and Haryana at Chandigarh) in Review Application(R.A. No.2-C-II of 2009). By the said order the Review Application filed by the respondents was allowed. As a result, the earlier order(dtd. 4/12/2008) passed by the High Court in revision(Civil Revision No.1645 of 1992) was recalled. By the said order, the revision filed by the present appellants was allowed, permitting them to make good the deficit of Rs.14.00.

(3.) The facts as available on record are that part of land comprising of 1/4 th share land in Khewat No.236 and Khatoni No.258 situated in Village Samchana, District Rohtak, Haryana, was sold by Jai Singh, Jai Kishan, Randhir, Shamsher Singh sons of Balbir Singh son of Dariyav Singh to Sukhi Ram, Ram Pal, Hari Om, Mahabir Singh (respondents-defendants). The predecessor in-interest of the appellants filed a suit for pre-emption. The same was decreed by the Trial Court on 11/8/1988. The predecessor in-interest of the appellants/plaintiffs was required to deposit a sum of Rs.9,214.00 minus 1/5th of the pre-emption amount already deposited, on or before 10/10/1988, failing which the suit shall stand dismissed.