AMAR SINGH HARISINGH THAKUR Vs. TULSHIRAM KISAN INGLE

JUDGEMENT

(1.) By means of this Second Appeal, the appellant is praying for quashing and setting aside the order dated 28.1.2008 passed in Miscellaneous Civil Application (MCA) No.207/2007 passed by learned Adhoc District Judge3, Nagpur.

(2.) Perused the impugned order whereby the learned Judge of the Court below was pleased to reject the application for condonation of delay.

(3.) The facts briefly mentioned are that, the appellant herein had filed a suit for specific performance of contract which was entered on 21.1.1997 and 17.11.2004 for purchasing the land admeasuring 3.24 acres. The suit was filed on 15.5.2006. In that suit, the respondent nos. 2 and 3 moved an application for intervention claiming that Respondent No.2 purchased half portion of the land from wife of Respondent No.1 during her lifetime through the power of attorney holder of wife of Respondent No.1 (from Respondent No.3 herein). The reference was made to previous litigation i.e. Special Civil Suit No. 569/2004. In that application concerning the land in question as also counter claim which was made by respondent nos. 2 and 3 against the decree which was passed in Spl.Civil Suit No. 569/2004, the respondent no. 1 had claimed adversely to the right of the respondent no.2; but on 26.10.2005 the appeal was withdrawn clandestinely by respondent no.1. Thus, relying upon the judgment passed in Spl.Civil Suit No. 569/2004 the respondent nos. 2 and 3 moved an application for intervention claiming that the said judgment had attained finality.