HARCHAND AND ANOTHER Vs. JUGBIR SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India is to the order dated 17.3.2011 (Annexure P-5), vide which the learned Additional Civil Judge ( Senior Division), Loharu, has allowed the application of review of order dated 10.1.2011 (Annexure P-3) Briefly stated, the plaintiff-respondents filed suit for declaration and permanent injunction declaring them owner in possession of the suit property on the basis of agreement to sell.

(2.) During the pendency of that suit, the plaintiff filed an application to withdraw the suit. Notice of that application was given and vide order dated 10.1.2011, the plaintiffs were allowed to withdraw the suit.

(3.) The plaintiff-respondents filed an application for review of the order dated 10.1.2011 on the ground that they have paid an amount of Rs. 20 lacs on the basis of agreement to sell dated 6.7.2008 to the defendants, now revisionists. The plaintiffs in the earlier application for withdrawal of the suit have mentioned that suit for declaration and permanent injunction is to be withdrawn for filing the suit for specific performance. So, permission was sought to review the order dated 10.1.2011 so as to mention that suit stands withdrawn with liberty to file a fresh, on the same cause of action.