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1971 Supreme(Raj) 147

JAGAT NARAYAN
Shivshankar Dayal – Appellant
Versus
Shanti Devi – Respondent


Advocates Appeared:
S.T. Porwal for petitioner; L.R. Mehta and Gopalraj Singhvi, for respondent

JAGAT NARAYAN, C.J.—This is a revision application by one of the plaintiffs in a suit for pre-emption against an order of the trial court refusing to extend time fixed by it under the decree for payment of the purchase price on the ground that it had no jurisdiction to do so.

2. The decree! in the suit was passed in the following terms :

(1) that the defendant No. 1 Smt. Shanti Devi would reconvey the suit property to the plaintiffs on payment of Rs. 5,761/- to them;

(2) that the plaintiffs are directed to pay this amount within a month from the date of the decree, i. e. 20-11-69;

(3) that the costs of the reconveyance would be borne by the plaintiffs; and

(4) that the costs of the suit would be payable by the defendant No. 1 to the plaintiffs:

3. Order 20 rule 14(1) G. P. G. runs as follows :

"14. Decree in pre-empt ion suit — (1) Where the court decrees a claim to preemption in respect of a particular sale of property and the purchase money has not been paid into Court, the decree shall—

(a) specify a day on or before which the purchase-money shall be so paid, and

(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decreed against the plaintiff,





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