vil Appeal Nos
2266 69 of 1979
705 From the Judgment dated 981978 of the Punjab and Haryana High Court in LPA Nos
576 to 579 of 1975
Harbans Lal and MV Goswami for the Appellants
Iqbal Singh for the Respondent
The following Order of the Court was delivered These appeals by special Leave are directed against the common judgment and decree of the Punjab and Haryana High Court passed in LPA Nos
576 79 of 1975
Three brothers by means of four sale deeds executed on June 25 1968 sold some parcels of land to Harbhajan Singh respondent herein
The 4th brother by the name of Ujagar Singh whose legal representatives are the appellants herein
filed four suits of preemption against the vendee and those were decreed on July 15 1970 on terms of payment of pre emption money on or before August 30 1970
Four appeals were filed by the plaintiff pre emptors before the District Judge for the reduction of the pre emption money
On an application moved by the pre emptors the time for deposit of the amount fixed under the decree by the Trial Court was extended till further orders
The appeals finally were rejected under Order 41 Rule 3 of the Code of Civil Procedure as being insufficiently stamped and hence not properly presented
Before hand however the laintiff pre emptors all the same deposited the pre emption amount in the Trial Court on their own on October 26 1970
After the rejection of their appeals the pre emptors sought execution of the pre emption decrees which attracted objections by the vendee judgment debtor
The primary objec tion raised was that the suits stood automatically dismissed for non deposit of the preemption money within the time identically stipulated under the questioned decrees
The plea of the vendee was based on the mandate of Order 20 Rule 14 Civil Procedure Code whereunder the Court when decree ing the claim to pre emption is required to specify in the decree on or before which the pre emption money shall be paid if not already paid and further if it is not so paid the suit shall stand dismissed with costs
Whatever is relevant in Order 21 Rule 14 alone has been taken note of
The date specified by the Trial Court as said before was August 30 1970 and under the interim orders of the Appel late Court the time for depositing the said money was ex tended till 706 further orders
Undeniably the Court never passed any fur ther orders in that regard and thus the time for depositing the said money stood extended without any limit
objec tion was sustained by the Trial Executing Court
On appeal to the Appellate Court at the instance of the pre emptors the District Judge took a contrary view permitting the execution to proceed
A learned Single Judge of the High Court in appeal upheld the view of the District Judge but a Division Bench of the High Court
In Letters Patent Appeals reversed the District Judge as also the Single Judge uphold ing the objection by the vendee that there were no decrees which could be executed
We have heard learned counsel for the appellant for he alonewas present
There has been a sea change in the law of pre emption in the States of Punjab and Haryana where from these appeals have arisen
Whereas in Punjab the Punjab Pre emption Act itself has been repealed in Haryana it has substantially been chopped down by justicing
This Court in Atam Parkash vs State of Haryana  Ors  declared ultra vires section 151 of the Punjab Pre emption Act as ap plicable to Haryana whereunder certain relatives of the vendor had been given the right to pre empt a sale of immov able
property
The view of this Court and the present state of law is not by any means insignificant or irrelevant for judging the present matter and for resolving the controversy in hand
Rather its pervasive thought permeats the mind
Learned counsel for the appellants would have the con troversy determined on the anvil of Section 148 of the Code of Civil Procedure pleading for time to be extended by the Court as it is extendable when any period is fixed or granted by the Court for the doing of any act prescribed or allowed by the Court even though the period originally fixed or granted has already expired
He has brought to our notice that in the main matter when the appeal was rejected by the District Judge as being insufficiently stamped time was asked from the District Judge to make good the deficien cy in the stamp duty but that was rejected and though he concedes that the matter was not taken up in revision before the High Court it is still contended that this Court should exercise its plenary power to extend the time in the inter ests of justice and have the Court fee made good
He also concedes that when the District Judge was asked to extend and specify the time for deposit of the pre emption money he had declined to exercise his discretion so as to regula rise payment when the appellants had by themselves 707 deposited the pre emption money on October 26 1970 before handleaving the matter to be agitated before the executing Court
Likewise it is contended that this Court can and should specify the time for deposit so as to regularise it in exercise of powers under Section 148 CPC He also high lights that the mistake herein was that of the Courtand for both the propositions he takes aid of Jogdhayan vs Babu Ram  Ors  and Jagat Dhish Bhargava vs Jawahar Lal Bhargava and Others  In any event he concedes that for the later wrongful non exercise of discre tion of the District Judge the matter was not taken in Second Appeal or Revision as the case may be before the High Court
We have pondered over the matter
Our view may appear some what slanting but we cannot disassociate ourselves from the canvass now spread showing there is no law of pre emp tion permitting a decree to be drawn in terms of Section 151 of the Punjab Pre emption Act
Were we to exercise at all the discretions on the subject afore mentioned we would in any event be completing the process of decreeing the suits the suits which have been held to fall down under Order 20 Rule 14 of the Code of Civil Procedure tantamount ing to their dismissal and that too on present day when such decrees cannot be passed
The High Court however took the controversy in a different light
It took the view that the insufficiently stamped appeals beore the District Judge were no appeals in the eye of law as was contende don behalf of the vendee and the view of the District Judge in not extending time was right as it was rightly considered that the appeals had not been entertained at all
Support was also taken for its view by the High Court from the circumstance of the order of the Court extending time ex parte which conferred no obligation on the vendee to treat the decree operative against him as and when the pre emptors chose to deposit the pre emption money
The High COurt on this reasoning restored the judg ment of the TrialExecuting Courtupholding the objections of the vendee
Where the High Court arrived by following one way we have been led to arrive by another
The end result however is the same that the objections of the vendee mustremain sustained and the pre emptor appellants must fail in the eventnot getting their suits for pre emption de creed
The appeals must thus inevitably fail and are hereby dismissed
Decreetal money deposited by the appellants may be permitted to be withdrawn by them ii not already with drawn
No costs for there is no opposition
VPR Appeals dis missed


Summary:
The writ petitioners some of the licensed welfare agencies contemplated under the judgment of this Court in   and petitioner No 2 the Central Volun tary Adoption Resource Agency prayed that the Indian chil dren adopted to he allowed to retain their citizenship till they attain the age of majority that birth certificates to be issued based upon attested copies of Court s certificate decree adoption deed or affidavits of the officials of the licensed agencies that quota fixed for placement of children with Indian families he quashed that show cause notice he issued before cancellation of registration li cence to the registered agency that setting up of Central Adoption Resource Agency be stayed that to enable the agencies to maintain high standards of care for the chil dren expenses by about 25 be revised and annual escalation of 10 be made and that transfer of children from Statutory homes to recognised agencies for placement he allowed
Partly allowing the writ petition this Court HELD 1
If the Indian citizenship is allowed to contin ue until the adopted child attains the age of majority it would run counter to the need of quick assimilation and may often stand as a barrier to the requirements of the early cementing of the adopted child into the adoptive family
574G H 2
The birth certificate of the adopted child be ob tained on the basis of application of the society sponsoring adoption
On the basis of the application and such other material which may he relevant to he found in an affidavit to accompany the application made by a responsible person belonging to the agency the local magistrate should have the authority to make an order approving the particulars to he entered in the birth certificate and on the basis of the magisterial order the requi 569 site certificate should be granted
This process should be done only after adoption is finalised and the particulars of the adopting foreign parents are available to be included
The Chief District Medical Officer CDMO may be involved in the matter of ascertainment of the age and the magistrate may ordinarily act on the certificate granted by the CDMO
574H 575D 3
Registered societies to entitle themselves for renew al of registration of licence should exhibit their involve ment in the process of adoption and the authority should have evidence to satisfy that the agency is really involved in the activity
575G 4
The licensing authority should ordinarily ensure that the registered agency has proper child care facilities so that an agency which does not have such facilities may over a period of years go out of the field
575E 5In the event of registrationlicence being proposed to be cancelled an opportunity should be granted to such agency
That would answer the requirements of natural jus tice and would uphold a healthy scheme of administration
575H 576A 6
The setting up of CARA is justified
Such an institu tion would be an organisation of primacy and would work as a useful agency in the field
Although there should be no keen competition for offering adoptions regulated competition may perhaps keep up the system in a healthy condition
Existence of CARA in that field is therefore welcome
576A B 7
Keeping in view the general rise in cost of living an escalation by 30 is allowed
The matter may be reviewed once in three years so far as escalation of expenses is concerned
576C D 81
The children who can be transferred for the pur poses for placement would be those whose parents are not known orphans and perhaps those who are declared as aban doned children
The homes are not set up in several States and areas
Even Juvenile Boards have not been properly functioning and the recognised agencies do not have the facility of child care
In these circumstances to order transfer of children from statutory homes to recognised agencies can indeed nOt be accepted as a rule
576D F 570 82
As and when such a request is received from recog nised agencies the Juvenile Court or the Board set up under the Act may consider the feasibility of such transfer and keeping the interest of the child in view the possibility of an adoption within a short period and the facilities available in the recognised agency as also other relevant features make appropriate orders
A strait jacket formula may very often be injurious to the interest of the child
576F G