KRISHAN KUMAR Vs. SANJAY KUMAR AND OTHERS

JUDGEMENT

(1.) Aggrieved by order dated 09.11.2010 passed by the trial court, defendant no.1 Krishan Kumar has filed this revision petition under Article 227 of the Constitution of India to challenge the said order of the trial court, whereby application (Annexure P-3), moved by respondent no.1- plaintiff Sanjay Kumar, for condonation of delay in filing the suit vide plaint (Annexure P-1), has been allowed.

(2.) Respondent no.1-plaintiff has filed suit against defendant no.1- petitioner and against respondents no.2 to 4 as defendants no.2 to 4 for specific performance of agreement to sell dated 07.03.2005, allegedly executed by defendant no.1 in favour of the plaintiff. As per said agreement, sale deed was to be executed up to 27.05.2005.

(3.) Case of the plaintiff in plaint (Annexure P-1) and application (Annexure P-3) is that initially, the plaintiff filed a complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Karnal (in short the District Forum) on 27.11.2006 and the same was dismissed on 22.01.2008 on the ground of non-maintainability of the complaint. Thereafter, the plaintiff filed suit for permanent injunction on 23.07.2008, which was withdrawn on 13.09.2008, with permission to file fresh suit, as granted vide order dated 13.09.2008.