TMI Blog1963 (2) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... ould 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 ₹ 5951 less ₹ 1000 already deposited by him by May 1, 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 and application to the Sub Judge, Sirsa, for making the deposit of the balance of the amount of the decree. The Clerk of the Court, which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 4. Jang Singh appealed against that order. The District Judge recorded the evidence of the Execution Clerk, the Revenue Accountant, Treasury Office and Jang Singh. He also examined Bhola Singh. The learned District Judge held that the record of the case showed that on the day the case was compromised and the decree was passed Jang Singh was not present and did not know the exact decretal amount. The learned District Judge assumed that it was the duty of Jang Singh to be punctual and to find out the exact amount before he made the deposit. He, however, held that as Jang Singh had approached the Court with an application intending to make the deposit to be ordered by the Court, and the Court and its clerk made a mistake by ordering him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he one presented to the Bank have been produced in this case and they show the lesser amount. This challan is admittedly prepared by the Execution Clerk and it is also an admitted fact that Jang Singh is an illiterate person. The Execution Clerk has deposed to the procedure which is usually followed and he has pointed out that first there is a report by the Ahlmed about the amount in deposit and then an order is made by the Court on the application before the challan is prepared. It is, therefore, quite clear that if there was an error the Court and its officers largely contributed to it. It is not doubt true that a litigant must be vigilant and take care but where a litigant goes to Court and asks for the assistance of the Court so that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iss his suit because Jang Singh was also partly negligent does not exonerate the Court from its responsibility for the mistake. Jang Singh was expected to rely upon the Court and its officers and to act according to their directions. That he did so promptly and fully is quite clear. There remains, thus, the wrong belief induced in his mind by the action of the Court that all he had to pay was stated truly in the challan and for this error the Court must take full responsibility and it is this error which the Court must set right before the suit of Jang Singh can be ordered to be dismissed. The learned single Judge of the High Court considered the case as if it was one of extension of time. He reversed the finding given by the District Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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