FAQIR SINGH Vs. SADHU SINGH AND ANOTHER

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by the pre -emptor for possession of the suit land by way of pre -emption. The trial Court rejected the plaint on the ground that the plaintiff -pre -emptor did not file the sale -deed either along with the plaint or till the date the trial court rejected the plaint The pre -emptor approached the lower appellate Court in appeal against the order of the trial Court and the lower appellate Court set aside that order and remanded the case for decision on merits. It is against that order of the lower appellate Court that the present second appeal has been presented by the vendee.

(2.) THE point that requires decision in this case is as to what is the effect of non -filing of a document in the Court at a certain stage of the proceedings as required by Order 7, Rule 14, Code of Civil Procedure. Before proceeding with the consideration of this point, at this stage it will be profitable to notice that the trial Court rejected the plaint at a stage when the issues had been framed and evidence had been adduced by the parties. Now to appreciate the legal controversy, the provisions of Order 7, Rules 14 and 18 Code of Civil Procedure, may be noticed which are reproduced below:

(3.) IN view of what is stated above, this second appeal fails and is dismissed, but in the circumstances of this case I make no order as to costs.