SURINDER SINGH Vs. SWARAN SINGH AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 8.2.2010 (Annexure P -5) vide which application filed by the Petitioner -Defendant No. 1 for restoration of the appeal and for deciding the same on merit was dismissed by learned appellate court.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned appellate court. Brief facts relevant for the decision of the present revision petition are that a suit for possession by way of specific performance of agreement for sale dated 9.6.2003 was filed by Respondent No. 1 -Plaintiff Swaran Singh against the present Petitioner -Defendant No. 1 and other Respondents No. 2 to 4 -Defendants regarding the land in dispute. The said suit was decreed. Appeal was filed against the said judgment and decree passed by learned trial court by the present Petitioner -Defendant No. 1 and Respondents No. 2 to 4. During pendency of appeal, statement was given by counsel for the Petitioner -Defendant No. 1 and other Appellants for withdrawing the said appeal on the plea that matter has since been compromised between the parties. On the basis of the statement of the counsel for the Petitioner -Defendant No. 1 and other Appellants, learned District Judge, Kapurthala passed the following order on 8.4.2008:

(3.) AFTER passing the said order, an application was moved by the present Petitioner -Appellants on the plea that there was no alleged compromise between the parties and that the statement was given by counsel without any authorisation on behalf of the Appellants and hence, the order dated 8.4.2008 be recalled and appeal be heard on merit. However, the said application was dismissed by learned District Judge, Kapurthala vide impugned order dated 8.2.2010 by observing as under: