GURMEET CHAND AND ANOTHER Vs. AJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 25.11.2009 passed by Additional Civil Judge (Senior Division), Hoshiarpur and order dated 10.11.2010 passed by Additional District Judge, Hoshiarpur whereby, application filed by the petitioner for setting aside the exparte decree dated 30.10.2006 has been dismissed.

(2.) Briefly, the facts of the case, are that the respondent filed a civil suit on the basis of agreement claiming possession by way of specific performance of the agreement with regard to 9 Marlas 151 square feet of land for a total sale consideration of Rs. 2,70,000/-. It was alleged that the petitioners have received Rs. 1 lac as earnest money to execute the sale-deed, but did not carry out the contract. Notice was issued in the suit and the same was received by the petitioners and accordingly, an advocate was engaged. Petitioners being illiterate persons believed the lawyer, who assured them that the outcome of the suit would be informed to them. Subsequently, the petitioners came to know that the suit has been decreed in favour of plaintiffrespondent and this fact came to the knowledge of the petitioners in the month of April 2007 when respondents asked the petitioners to execute sale deed in their favour. Petitioners contacted their lawyer and got certified copy of the judgment and decree dated 30.10.2006 on 09.04.2007. Thereafter, an application under Order 9 Rule 13 CPC was filed which was dismissed on 25.11.2009.

(3.) Thereafter, an appeal was filed against order dated 25.11.2009 before the District Judge, Hoshiarpur, which was also dismissed vide order dated 10.11.2010.