CHAND KAUR Vs. RADHA SHAM

JUDGEMENT

(1.) This second appeal is directed against the decision of the Senior Subordinate Judge reversing, on appeal, the decision of the trial Court rejecting the plaint under Section 22(4) of the Punjab Pre-emption Act (hereinafter referred to as the Act), read with Order 7, rule 11 of the Civil Procedure Code.

(2.) The plaintiff, who is the respondent in the present appeal, is a minor. He filed the present suit for pre-emption through his mother who is his natural guardian. In the suit an order was passed on the 26th July, 1963 that one-fifth of the pre-emption money be deposited by 21st August, 1963. Case was to come up for hearing on the 22nd August, 1963. No deposit was made on the 21st August, 1963; but an application was made on that date for extension of time under Section 22(4) of the Act. On the 22nd August, 1963, the trial Court allowed the application and passed the order that the amount be deposited within one week. The one week expired on the 29th August, 1963. The deposit was made on the 30th August, 1963. The trial Court, in the 10th September, 1963. refused the request for extension of time by one day and rejected the plaint, as already stated. Against this decision, an appeal was taken to the Senior Subordinate Judge and the Senior Subordinate Judge has allowed the extension of time and directed that the suit should proceed on merits. The vendees are dissatisfied with the decision of the lower appellate Court and have come up in second appeal to this Court.

(3.) The only question that requires determination is whether the appellate Court was justified in interfering with the discretion of the trial Court in refusing to extend the time for deposit ? The contention of the learned counsel for the appellant is that the appellate Court was not justified in interfering with the discretion exercised by the trial Court in refusing to extend the time. In support of his contention, the learned counsel has relied on the decisions in Karnail Singh & others V/s. Pran Nath, 1963 CurLJ 315, Inayat V/s. Darbara Singh and others, 55 IndCas 621, Sardar Zorawar Singh and others V/s. Jasbir Singh and others, 179 IndCas 116, and Bahadur Shah and others V/s. Ahmad Shah and others, 1925 AIR(Lah) 209