T.D. VIVEK KUMAR Vs. RANBIR CHAUDHARY

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Review Application No. 149- C/2016 in RSA No. 596/2012 and XOBJC - 10C/2010, the original defendants have preferred the present appeals.

(2.) The facts leading to the present appeals are as under: -

(3.) Shri Guru Krishna Kumar, learned Senior Advocate appearing on behalf of the appellants - original defendants, has vehemently submitted that in the facts and circumstances of the case the High Court has committed a very serious error in dismissing the review application which as such was filed pursuant to the liberty reserved by this Court. It is submitted that as while allowing the second appeal the relevant clauses of the sale agreement was not considered by the High Court and there were certain factual errors and even the cross objection was rejected without consideration; the High Court ought to have allowed the review application and ought to have considered the entire appeal on merits. It is further submitted that even otherwise the High Court has materially erred in passing the decree for specific performance of the sale agreement which as such was refused by the learned Trial Court as well as the First Appellate Court.