TMI Blog1982 (11) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of justice perpetrated in a case. 2. This appeal arises out of an execution proceeding. The facts material for the purpose of disposal of this appeal may be stated thus. The appellant was the plaintiff in a pre-emption suit and Bot a decree. Respondent No. I was the vendee and respondent No. 2, who was the real brother of the plaintiff-appellant, was the vendor. The suit was for pre-emption and possession in respect of some agricultural land. The trial court decreed the suit, on payment of ₹ 15,500 as the price of the land and ₹ 100 as the charges on account of registration and other charges of the deed. The appellant deposited the amount as directed by the Court. 3. Respondent No. I filed an appeal and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant had deposited only a sum of ₹ 1836.00 within the due date and the amount fell short of 25 paise, and as such the execution proceedings should be struck off. The appellant filed a rejoinder to the objection petition of the judgment-debtor. His plea was that the short deposit of 25 paise was due to a bona fide mistake on his part, but that the shortage was made good on October 28, 1968 after obtaining necessary permission from the trial Court. The executing Court, by its order dated February 1, 1969, held that the short deposit of 25 paise was due to a bona fide mistake on the part of the degree holder and over- ruled the objection of the judgment-debtor, taking the view that in the interest of justice the default on the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udge; asa result he dismissed the execution second appeal filed by the appellant herein. The appellant prayed for leave to appeal under Letters Patent. The prayer was also rejected. H 6. Hence this appeal by special leave. 7. Shri S.K. Mehta, learned counsel appearing for Respondent No. I submitted that the execution appeal filed by the appellant in - the High Court was incompetent as the certified copy of the impugned order of the lower appellate Court was not filed alongwith the memorandum of appeal. We do not find any substance in the submission for the reason, as we have already stated above, that the appellant was granted time by the High Court at the time of the admission and was allowed to file the certified copy as soon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enticated by an advocate as correct. This provision hardly helps him. It is not understandable, how the counsel for the appellant could file 'true copies', when his client had not obtained the certificate copy of the order tn question. 8. The next question for decision is whether the first execution A appellate Court was justified in holding that the amount directed to be deposited was not deposited as it fell short by 25 paise. Order 20, rule 14 CPC provides: Decree in pre-emption suits Where the Court decrees a claim to pre-emption in respect of a particular scale 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 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit could not be due to any bona fide mistake, is absolutely untenable for the reason that while the appellant has deposited in total ₹ 17,936.00 from time to time as directed by the Courts, there was absolutely no reason as to why he would not have deposited 25 paise, unless it was due to a mistake. This was pre-eminently a case in which the first execution appellate Court ought to have exercised its discretionary powers under section 148 CPC and accepted the delayed deposit of 25 paise, 85 was done by the original executing Court. 9. In the result, we allow the appeal with costs, set aside the orders of the High Court as well as the first execution appellate Court and restore the order of the original executing Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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