RAMA NAND Vs. CHANDGI

JUDGEMENT

(1.) A suit for possession by way of pre-emption was filed by the respondent. The trial Court ordered for the payment of 1/5th of the sale amount on or before July 23, 1976. This amount was, however, deposited on July 24, 1976 that is one day after the date fixed. After filing of the written statement by the defendant-petitioners, issues were framed and evidence was adduced on both the sides. The suit was fixed for final arguments on November 26, 1977. On that date an application was made by the plaintiff-respondent that as a consequence of inspection of the file by his counsel, he had come to know that 1/5th amount of sale consideration had been ordered to be paid by July 23, 1976 by the Clerk of the Court, though, in fact, the order announced was that the same could be deposited by July 24, 1976. The contentions in this application were controverted by the defendant in his written reply. Without recording any evidence of the parties on December 5, 1977, the impugned order was passed which is to the following effect :-

(2.) This order has been challenged in the present revision petition.

(3.) The respondent-plaintiff was personally served on January 31, 1978 for February 28, 1978. The case was not taken up on that day. Consequently, actual date notice by registered post was sent on March 14, 1978 for March 31, 1978. No acknowledgement has been received thereafter. Under the rules, the presumption is that the same must have been received by the respondent addressee. Consequently, the revision is being heard ex parte.