BABULAL Vs. KISHANLAL

JUDGEMENT

(1.) THIS appeal raises an important question although it is not of usual occurrence now.

(2.) IN a suit for pre -emption (Civil Suit No. 46 of 1996) the District Sub -Judge Sheopur passed a decree for pre -emption in favour of Kishanlal Respondent on 17th Septemer 1940. The direction in the decree was that a sum of Rs.400 should be deposited by the Plaintiff Kishanlal by the 17th October 1940. The decree -holder, in compliance with the said direction, deposited Rs.338 in the Court, after deducting Rs.62 on account of the costs allowed to him in the decree. On the same date the decree -holder presented an application for execution which was registered as No. 119 of Samvat 1997.

(3.) ON the 9th September 1946 the Defendant's appeal was dismissed by the District Judge. He then applied for revision to the High Court of Gwalior State (Civil Revision No. 269 of Samvat 2003) but that too was dismissed on the 1st October, 1948. However, neither the appellate Court nor the first Court fixed any date for depositing the price afresh. Both the parties also kept quiet. Neither the Plaintiff nor the Defendant moved the appellate Court or the first Court for fixing a fresh date for depositing the price. The decree -holder made another application for execution on the 1st October, 1951 and he also deposited the same day a sum of Rs.400 (Execution Case No. 179 of 1951 in the Court of Civil Judge Sheopur)