N K PALIWAL Vs. SPECIAL JUDGE SAHARANPUR

JUDGEMENT

(1.) By way of this writ petition the petitioner has prayed for certiorari quashing the order dated 31 -5-1989 passed by in Civil Revision No. 319 of 186 M/s. Adarsh Colonizers v. Sri N. K. Paliwal & others by the Special Judge, Saharanpur (now District Haridwar).

(2.) Brief facts giving rise to this petition are that the petitioner Sri N. K. Paliwal filed a suit for specific performance against the defendants/respondents No. 3 to 5 on the ground that the defendants/respondent No. 3 is a firm and rest of the defendants/respondents are its partner.

(3.) As per the plaint, the defendants/respondents purchased a land at Roorkee Road in order to establish a colony. The plaintiff/petitioner also agreed to purchase a plot and paid an amount of Rs. 500/- as advance on 9-7-1962. Thereafter, the plaintiff/petitioner also paid the amount in instalment and the agents of the defender' s/respondents handed over the possession of the plot to the plaintiff/petitioner.