H.L. JAIN Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE facts giving rise to this petition by the Defendant for revision of the order dated the 24th of March, 1973, of the Senior Subordinate Judge, Karnal, are not in dispute and may be shortly stated. Through a registered sale deed dated the 30th of May, 1953, the Defendant purchased a button factory situated at Panipat. Part of the price was paid as earnest money and the balance was payable in installments. On the 30th of September, 1965, the then Punjab State filed a suit against the Defendant for the recovery of Rs. 2,73.733, being the unpaid balance of the price as well as interest thereon. On the 25th of January, 1967, however, an application was made by the Plaintiff State to the Senior Subordinate Judge, Rohtak, who was seized of the suit, for permission to withdraw there from and to file a fresh suit on the same cause of action in pursuance of the provisions of Rule 1 of Order XXIII of the Code of Civil Procedure. The application was granted on the same day because the learned Senior Subordinate Judge was of the opinion that the suit must fail by reason of a formal defect.

(2.) ON the 1st of November, 1966, the Punjab Reorganisation Act (Act No. 31 of 1966 and hereinafter referred to as the Act) came into force with the result that the State of Haryana was created. On the 1st of August, 1968, the State of Haryana instituted against the Defendant the suit out of which this petition has arisen, for recovery of Rs. 3,07,548/ - on the same cause of action on which the Punjab State had brought the earlier suit. The court -fee paid was of the value of Rs. 5,370/ - and was denoted by 15 impressed stamps and 3 adhesive stamps, out of which 8 impressed stamps of the value of Rs. 500/ - each, 3 impressed stamps of the value of Rs. 400/ -each, I impressed stamp of the value of Rs. 70/ - and 2 adhesive stamps of the value of Re. 1/ - each (total value Rs. 5,272/ -) were purchased in one transaction from Panipat on the 22nd of March, 1968, while an impressed stamp of the value of Rs. 40/ -, another of the value of Rs. 30 and still another of the value of Rs. 25/ - as well as an adhesive stamp of the value of Rs. 3 were purchased in another transaction on the 19th of July. 1968. One of the impressed stamps of the value of Rs. 500/ - bore the following endorsement under the signature of the Sub -Treasury Officer, Panipat:

(3.) THE trial Court framed four issues out of which only issues Nos. 1 and 4, detailed below, are material for the disposal of this petition: