BHAG SURANA Vs. BAL KRISHAN

JUDGEMENT

(1.) This is plaintiff's suit for specific performance of agreement to sell S 231, Greater Kailash It. New Delhi, for Rs. 1,30,000.00. That agreement was stated to have been arrived at between the plaintiff's late further Shri Rattan Lal Surana and Balram Krishan, deft. 1 on 5.12.82(.........) Rs. 25,000.00 were said to have been paid thereunder to deft. 1. Deft. 2 is the son of deft. 1, and it is stated that the said agreement was arrived at by No. 1 for himself as well as on behalf of No. 2. A joint family is said to exist between them of which No. 1 is the Karta.

(2.) The suit was brought on 4.12.1982, and court-fee of Rs. 13.00 only was aflixed on the plaint. An application u/s 149 Civil Procedure Code was, however, attached to the effect that since the Delhi Treasury was closed on 3rd and 4th Dec., 1982, the court-fee of the value of Rs. 3,600.00 could not be purchased and filed. Time was, therefore, sought for paying the court-fee by 6.12.1982.

(3.) This suit was laid before the Court on 7.12.1982 when none appeared from the side of the plaintiff, and it was adjourned to the next day. There was again default in the appearance, and it was also noticed that the plaint did not bear the necessary court-fee, and the plaintiff had not made up the deficiency upto 6.12.1982, as had been mentioned in application u/s 149 Civil Procedure Code The suit was, therefore, dismissed.