The High Court while admitting the appeal passed the following order E Admitted.
His plea was that the short deposit of 25 paise was due to a bona fide mistake on his part, but that the shortage was made good on October 28, 1968 after obtaining necessary permission from the trial Court.
Appeal by Special leave from the Judgment and order dated the 23rd July, 1971 of the Punjab and Haryana High Court in Execution Second Appeal No.
500.00 for the improvements made to the land.
He, however, made good the short deposit of 25 paise on 28.
500.00, failing which, it was directed, the suit would stand dismissed.
The High Court affirmed the decree of the first appellate Court but ordered the appellant to deposit a further sum of Rs.
The appellant filed an application on July 17, 1970 under section S of the Limitation Act for the companydonation of the delay.
I filed an appeal and the Additional District Judge who heard and disposed of the appeal dismissed the appeal with the modification directing the appellant to deposit a sum of Rs.
The second appeal came up for hearing on March 25, 1971 before a single Judge.
I submitted that the execution appeal filed by the appellant in the High Court was incompetent as the certified companyy of the impugned order of the lower appellate Court was number filed alongwith the memorandum of appeal.
The appellant deposited this sum to within the time limit.
3 Respondent No.
The appeal was however presented without a certified companyy of the order of the executing Court.
The objection was upheld by the learned single Judge asa result he dismissed the execution second appeal filed by the appellant herein.
1836.25.
I was the vendee and respondent No.
The appellant deposited the amount as directed by the Court.
1836.00 within the due date and the amount fell short of 25 paise, and as such the execution proceedings should be struck off.
1836.25 within April 15, 1967, but the appellant had deposited only a sum of Rs.
10.1968 with the permission of the Court on the allegation that the omission to deposit 25 paise was due to bona fide mistake.
Certified companyy to be filed as soon as it is available Sd R.S. Narula 25.11.69.
Respondent No.
1 herein .
The appellant prayed for leave to appeal under Letters Patent.
Respondent No.
1836.25 more in the trial companyrt for payment to the vendee, within 15.4.1967 in case of failure the suit was directed to be dismissed.
The appellant obtained the certified companyy on June 3, 1970 and filed it in the High Court on June 10, 1970.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The executing companyrt issued numberice to the judgment debtor respondent No.
Respondent No.
The appellant, however, made an application for dispensing with the filing of the certified companyy.
100 as the charges on account of registration and other charges of the deed.
Shri S.K. Mehta, learned companynsel appearing for Respondent No.
1941 of 1969 in the High Court.
The prayer was also rejected.
K. Mehta, P.N. Puri and M.R. Dua for the Respondent.
Uma Datta and Krishna Datta for the Appellant.
15,500 as the price of the land and Rs.
1941 of 1969.
The trial companyrt decreed the suit, on payment of Rs.
The appellant was given three months time to make the payment of the said sum of Rs.
H Hence this appeal by special leave.
The Judgment of the Court was delivered by BAHARUL ISLAM, J. In this appeal by special leave under Article 136 of the Constitution, the appellant is the victim of Courts craze for technicalities of law at the companyt of justice.
1 filed a regular second appeal before the High Court of Punjab and Haryana.
The appellant on 28.10.1968 filed an execution case before the executing companyrt to get possession of the suit land.
The suit was for pre emption and possession in respect of some agricultural land.
2, who was the real brother of the plaintiff appellant, was the vendor.
On 14.4.1967, the appellant deposited Rs.
I raised the preliminary objection that the appeal was barred by limitation.
The facts material for the purpose of disposal of this appeal may be stated thus.
The judgment debtor filed an application under order XX, rule 14 1 b of the Code of Civil Procedure on the ground, inter alia that the appellant was directed to make the payment of the sum of Rs.
94 of 1972.
The appellant was the plaintiff in a pre emption suit and Bot a decree.
The appellant filed a rejoinder to the objection petition of the judgment debtor.
