BAKHTAWAR SINGH Vs. YAD VINDER SINGH

JUDGEMENT

(1.) THE order of the learned Sub ordinate Judge 1st Class Rajpura, dated the 22nd of December, 1967 cannot be justified either on principle or on authority.

(2.) IN a suit for pre -emption, the pre -emptor, who is a minor, was asked to deposit one fifth of the preemption money in cash, before the 4th of December, 1967. The deposit was not made. However, the time was extended till the 11th of December, 1967. Even on that date, the deposit was not made: and again the time was extended upto the 22nd of December, 1967. On that date, a prayer was made that instead of cash deposit, a Security of the sum of Rs. 10,000/ - may be permitted to be offered; and accordingly, on that date, the trial Court directed that the said Security be furnished before the 4th of January, 1968. This order has been called in question in the present revision petition under section 115 of the Code of Civil Procedure.

(3.) THE petition is accordingly, allowed; the order or the trial Court is set aside and the case remitted to it for proceeding further according to law. The parties are directed to appear in the trial Court on the 3rd of October, 1968. There will be no order as to costs.