RAMESH DEVI Vs. DIWAN SINGH

JUDGEMENT

(1.) This revision arise out of the order dated 9.4.1986 passed by the Subordinate Judge First Class, Kurukshetra, extending the time for the deposit of 1/5th share of the sale price in pre-emption suit at the instance of plaintiff-pre-emptors.

(2.) The facts of the case as gathered from the statements made by the learned counsel for the parties at the Bar, are that the pre-emption suit filed by the respondent-plaintiffs was registered in the Court of Subordinate Judge First Class, Kurukshetra, on 4.2.1986. On the same date, the learned Subordinate Judge directed the plaintiffs to deposit 1/5th share of the sale price uptil 15.4.1986. On 9.4.1986, the plaintiffs made an application to the Subordinate Judge for extending the time to deposit the pre-emption money. Though the reasons given by the plaintiffs in the application for extention of the time for the deposit are not given in the impugned order, but the counsel for the parties state that the ground urged by plaintiffs for extension of time for deposit was that because of the excessive rains in the winter, harvesting of the crop was delayed which stood in the way of the plaintiffs' to arrange for money. The time was extended by the Subordinate Judge. The learned Subordinate Judge recorded :

(3.) This order has been challenged on behalf of the vendee through this revision. Shri S.S. Rathore, learned counsel appearing for the petitioner has assailed this order before me mainly on two grounds; firstly that the Subordinate Judge could not extend the time and secondly that the impugned order does not contain any reason for the extension of the time and for that reason shows complete lack of application of mind by the officer, while passing the order.