KRISHAN LAL Vs. OM PAL

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India against order dated 3.3.2008 passed by learned Additional District Judge, KaraaL vide which application filed by present Petitioner under Section 151 of the Code of Civil Procedure (hereinafter to be referred as the 'Code') for setting aside order dated 21.42004 vide which appeal filed by Petitioner was dismissed as withdrawn, was dismissed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully, including the impugned orders passed by learned Additional District Judge, Karnal.

(3.) Facts relevant for the decision of present revision petition are that Respondent-Plaintiff filed a suit for specific performance of agreement to sell allegedly executed in his favour by present Petitioner-Defendant on 31.3.1998. The suit was contested by present Petitioner-Defendant. He was represented by Shri G.S. Kadyan, Advocate. The suit was decreed in favour of the Respondent-Plaintiff. The appeal was filed by the present Petitioner alongwith an application for permission to sue in forma pauperis. The application was contested by Respondent-Plaintiff. Evidence was adduced on the said application. When Petitioner-Defendant was not allowed by learned appellate Court to sue in forma pauperis, counsel for the Petitioner made a statement dated 21.4.2004 before learned appellate Court that he did not want to pursue the present appeal any further and hence on the basis of this statement of counsel for the Petitioner-Defendant, the appeal was ordered to be dismissed as withdrawn by learned Additional District Judge, Karnal by passing the following order on 21.4.2004: