Judgement

HIDAYATULLAH, J. : This appeal with the special leave of this Court arises out of execution of a decree for pre-emption passed in favour of the appellant Jang Singh. By the order under appeal the High Court has held that Jang Singh had not deposited the full amount as directed by the decree within the time allowed to him and his suit for pre-emption must therefore be ordered to be dismissed and also the other proceedings arising therefrom as there was no decree of which he could ask execution.

2. The facts of the case are simple. Jang Singh filed a suit for pre-emption of the sale of certain lands against Brij Lal the first respondent (the vendor), and Bhola Singh the second respondent (the vendee) in the Court of Sub-Judge, 1st Class, Sirsa. On October 25, 1957, a compromise decree was passed in favour of Jang Singh and he was directed to deposit Rs. 5951 less Rs. 1,000 already deposited by him by the 1st of May, 1958. The decree also ordered that on his failing to make the deposit punctually his suit would stand dismissed with costs. On January 6, 1958, Jang Singh made an application to the Sub-Judge, Sirsa, for making the deposit of the balance of the amount of the decr