INDERCHAND JAIN Vs. MOTILAL

JUDGEMENT

(1.) Leave granted.

(2.) The jurisdiction of a Court and/or the extent thereof to review its own decision is the question involved in this appeal. It arises out of a judgment and order dated 13.10.2006 passed by a learned Single Judge of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S. B. Civil Review Petition No. 33/2006 in S.B. Civil First Appeal No.36 of 1976.

(3.) Before adverting to the aforementioned question, we may notice the admitted facts. An agreement was entered into by and between the parties on or about 15.10.1972 whereby and whereunder Inder Chand Jain-appellant had agreed to sell a haveli to Motilal-respondent for a consideration of Rs. 1,15,000/-, out of which a sum of Rs. 20,000/- was paid in advance. Respondent filed a suit for specific performance before the District Judge, Jaipur City, in which a decree was passed on 11.11.1975. Being dissatisfied, the appellant filed Civil First Appeal before the High Court which was allowed on 12.03.1987 whereby the judgment and order of the trial court was set aside. On an intra-court appeal filed by the respondent, a Division Bench of the High Court by its order dated 26.10.2005 remanded the matter back to the learned Single Judge for deciding the appeal afresh. By an order dated 11.08.2006, a learned Single Judge of the High Court allowed the appeal once again and set aside the judgment and decree of the trial court,