SHER SINGH Vs. PURAN

JUDGEMENT

(1.) THIS revision petition arises out of the order dated 18.1.1985 of Shri P.K. Goel, Sub Judge Ist Class, Jagadhri.

(2.) IT is proper to narrate the facts to appreciate the question involved in the present revision petition. Sher Singh petitioner filed a suit for possession by way of pre-emption which was decreed by the Additional Sub Judge, Jagadhri, vide order dated 5-3-1984. In terms of the decree, Sher Singh plaintiff-petitioner was directed to deposit a sum of Rs. 42,125 less 1/5th pre-emption money already deposited by him on or before 30-4-1984 failing which his suit was to stand dismissed.

(3.) ON 11-4-1984 the plaintiff petitioner Sher Singh moved an application for permission to deposit Rs. 34,625 as the remaining pre-emption amount. This application was allowed by the learned Additional Senior Sub-Judge on the same day. No doubt in the order the Additional Senior Sub-Judge recorded a note that the amount was allowed to be deposited as per the request of the plaintiff decree-holder on his own responsibility. The amount of Rs. 34,625 was accordingly deposited.