GURBACHAN SINGH Vs. MAGHER SINGH AND ORS.

JUDGEMENT

(1.) THIS application has been filed for reviewing my judgment dated 4th January, 1982.

(2.) BRIEFLY , the facts are that the property in dispute was sold by Boor Singh to Gurbachan Singh and Sham Kaur. A suit for possession by way of pre -emption was instituted by Maghar Singh, Ujjagar Singh and Bahadur Singh, which was decreed on 8th May, 1962. The decree was challenged by the vendees in appeal in the Court of the Additional District Judge, Barnala, who dismissed the same on 4th December, 1982. They came up in appeal to this Court which was dismissed in limine under Order 41, Rule 11, Code of Civil Procedure, on 6th January, 1963.

(3.) GURBACHAN Singh judgment -debtor came up in revision against that order to this Court. The matter was listed before me and an argument was raised that the second appeal had been decided by this Court and, therefore, the first appellate Court had no jurisdiction to amend the decree. After taking into consideration two judgments of this Court in Bachan Singh and Ors. v. Harbans Kaur : AIR 1973 P&H 103. and Hakam Singh v. Jaswant Singh and Ors. : AIR 1974 P&H 235. I held that the first appellate Court had no jurisdiction to amend the decree. Consequently, I accepted the revision petition and set aside the order of the learned appellate Court amending the decree, - -vide my order dated 4th January, 1982. The decree -holders have moved this application under Order 47, Rule 1, Code of Civil Procedure, for reviewing the said judgment.