NIRMAL KUMAR JAIN Vs. DHARAMCHAND JAIN

JUDGEMENT

(1.) This is an appeal against the Order dated 17.1.91 passed by Shri N.G. Karambelkar, District Judge, Damoh in Misc. Judicial Case No. 10/90 arising out of C.A. No. 3-A/90 decided on 30.6.90 by the District Judge, Damoh.

(2.) The respondent filed the civil suit No. 8-A/88 for specific performance against the appellant in the Court of IInd Civil Judge Class I, Damoh. The appellant raised an objection that the suit filed by the respondent is barred by time. The trial Court framed a preliminary issue and decided it against the respondent. In other words the suit lied by the respondent was dismissed as barred by time.

(3.) The respondent, thereupon filed an appeal under section 96 of the C.P.C. against the Judgement and decree dismissing the civil suit No. 8-A/88. This appeal was registered as civil appeal No. 23-A/90. A perusal of order sheet of civil appeal No. 3-A/90 shows that the appeal was filed on 2.5.90. It appears that the appeal was under stamped and therefore, the appellant filed an application for extension of time for payment of Court fee on next date i.e. to say 3.5.90. The appellant was heard on this application and he was permitted to pay the deficit of the Court fee by 4.5.90. On 4.5.90 the counsel for the appellant appeared and filed the deficit of the Court fee. The appellant was heard and an interim injunction was issued by the Appellate Court to the effect that until further orders the respondent shall not dispossess the appellant and the land in dispute shall not be transferred by the respondent to any body else. The order sheet dated 4.5.90 & 13.6.90 are read as under