KARNAIL SINGH Vs. PRAN NATH

JUDGEMENT

(1.) This is a rule to challenge the order of the Subordinate Judge, Kapurthala granting extension of time for paying in Court the sum which is acquired to be deposited in a pre-emption suit.

(2.) The respondent Pran Nath brought a suit for pre-emption of agricultural land which had been sold by his uncle to the petitioners, Karnail Singh and others. The suit for pre-emption was filed by the plaintiff-respondent on 10th of April, 1962, on which date it was transferred to the Court of Shri Asa Singh Gill. The Subordinate Judge, in the presence of the counsel for the plaintiff, Shri Des Raj Advocate, passed the following order which may be reproduced in full :-

(3.) Under Section 22 of the Punjab Pre-emption Act 1913, in every suit for pre-emption the Court shall, at, or, at any time before the settlement of issues, require the plaintiff to deposit in Court such sum as does not, in the opinion of the Court, exceed one-fifth of the probable value of the land or property, within such time as the Court may fix in such order". Sub-section [4] of Section 22 says that "if the plaintiff fails within the time fixed by the Court or within such further time as the Court may allow to make the deposit or furnish in security .......his plaint shall be rejected..........". The learned Judge in the impugned order made no attempt to justify the grant of extension of time on the assertions made by the counsel in his affidavit, but observed that the lawyer may have been inattentive to the order when it was pronounced the Court was influenced mainly by the consideration that the litigant should not be permitted to suffer for the negligence of the counsel.