D.V.Sehgal, J.

1. This revision petition arises out of the order dated 18.1.1985 of Shri P.K. Goel, Sub Judge Ist Class, Jagadhri.

2. It is proper to narrate the facts to appreciate the question involved in the present revision petition. Sher Singh-petitioner filed a suit for possession by way of pre-emption which was decreed by the Additional Senior Sub Judge, Jagadhri, vide order dated 5.3.1984. In terms of the decree, Sher Singh plaintiff-petitioner was directed to deposit a sum of Rs. 42,125/- less 1/5th pre-emption money already deposited by him on or before 30.4.1984, failing which his suit was to stand dismissed.

3. The plaintiff-petitioner Sher Singh had already deposited a sum of Rs. 7,400/- as 1/5th of the pre-emption money . The sale which was sought to be pre-empted was for a consideration of Rs. 37,000/-. The Additional Senior Sub Judge while decreeing the suit further directed the plaintiff-petitioner to pay Rs. 4,625/- toward the stamp duty paid on the sale deed and Rs. 500/- towards registration and other expenses. Thus the balance amount which he was required to deposit was Rs. 34,725/-.

4. On 11.4.1984 the plaintiff-petitioner Sher Singh moved an applicati