Judgment

MAHAJAN, J. : A decree for pre-emption of the property in suit was passed in favour of the plaintiff and he was ordered to deposit the sale price within two months from the date of the decree. An appeal was taken against this decision but it was withdrawn. The pre-emption money was not deposited within the time fixed in the decree. The pre-emptor made an application to the court for making the deposit without disclosing that the time fixed by the decree had elapsed. The application was allowed. The defendant, when apprised of the situation, made an application to the court to the effect that the plaintiff s suit stood dismissed owing to his failure in making the deposit in time and that he was not entitled to execute the decree. The trial Judge held that the pre-emption money not having been paid within the time fixed in the decree the suit stood dismissed. On appeal this decision was set aside but on second appeal it was restored and it was held that the suit stood dismissed under Order 20, Rule 14, Civil Procedure Code. Against this decision an appeal was preferred to the Judicial Committee of the State and it is now before us under Article 374(4) of the Constitution.

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