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1973 Supreme(P&H) 56

P.C.PANDIT
Nathu Ram – Appellant
Versus
Madan Gopal – Respondent


Judgment

, J.

1. The facts giving rise to this revision petition are these. Shrimati Indira Wati filed a suit for partition and accounts against Reghunath Sahai and Nathu Ram. A preliminary decree was passed in this case on 30th November, 1960. Dissatisfied with the same, the defendants filed an appeal in this Court, which was dismissed on 6th April, 1966. At the time of the preparation of the final decree on 29th November, 1966, a compromise was effected between the parties, under which in lieu of the claim made by the plaintiff, Rs. 10,000/- were paid to her in Court and it was agreed by the defendants that they would further pay Rs. 50,000/- in two instalments of Rs. 25,000/- each. The first instalment had to be paid on or before 31st December, 1966, and the other on or before 31st March, 1967. On that very date, the Court ordered that a court-fee stamp of Rs. 994/- for the preparation of the decree-sheet be supplied by the plaintiff. A stamp of Rs. 980/- was, however, produced before the Court for the said purpose by the plaintiff on 13th February 1967. Since proper stamp had not been supplied, the final decree was not prepared. The decree-holder later on made an application to




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