SARJIT Vs. HARI SINGH

JUDGEMENT

(1.) Ramanand obtained a decree to pre-empt a sale made by Jai Ram and Mt. Kundal Dei in favour of Sarjit on condition of his depositing the purchase money within two months. The deposit was made beyond the time allowed by the decree and Ramanand's prayer in execution of the decree for possession of the property was resisted by Sarjit on that ground, but Sarjit's objection was dismissed by the execution Court and so was his appeal by the Senior Subordinate Judge of Rampur. Thereupon Sarjit came up in revision to this Court.

(2.) In the course of the revision it was stated by the learned counsel for the parties that a compromise had been arrived at, but they were at variance with each other as regards its terms. It was contended on behalf of the petitioner, Sarjit, that this Court should determine and record the terms cf the compromise and pass a decree in accordance therewith. On the other hand, the argument on behalf of the decree-holder-respondent was that the certification of the adjustment and the recording of that adjustment as duly certified lay within the jurisdiction of the execution Court under Order 21, Rule 2, Civil P. C., and that no interference by this Court in exercise of its revisional jurisdiction was therefore called for. The latter argument put forward on behalf of the respondent was upheld and it was ordered by this Court on 31-3-1951 that it was not deemed fit to pass any order in the revision and that in the special circumstances of the case there was to be no order as to the costs of the revision. The present application has been filed, by Sarjit under Order 47, Rule 1, Civil P. C., for review of that order.

(3.) There were two preliminary objections raised on behalf of the respondent. One was that the review petition was time barred, and the other that the petitioner did not apply in time to bring on record Hari Singh and Padam Singh, sons of Ramanand, who died on 6th Magh 2008 B., corresponding to 19-1-1952. It may be stated here that these preliminary objections have besn raised on behalf of Hari Singh, the case having proceeded ex parte against Padam Singh.