GURMUKH SINGH BAHRA Vs. NARESH KUMAR

JUDGEMENT

(1.) IN this revision petition filed by plaintiff Gurmukh Singh Bahra under Article 227 of the Constitution of India, challenge is to order dated 12.03.2013 (Annexure P -1) passed by the trial court, thereby dismissing application Annexure P -3 filed by the plaintiff for extension of time for deposit of balance sale consideration, in compliance with judgment and decree dated 23.08.2012 (Annexure P -2). Suit filed by the plaintiff -petitioner against defendant -respondent Naresh Kumar was decreed, vide ex -parte judgment and decree dated 23.08.2012 (Annexure P -2), for possession of the suit property by specific performance of the agreement to sell. The plaintiff was directed to deposit the balance sale consideration within two months, failing which the suit shall be deemed to have been dismissed.

(2.) IN application Annexure P -3, the plaintiff alleged that he applied for certified copy of judgment and decree Annexure P -2 on 12.02.2013 and the same was prepared on 26.02.2013 and delivery thereof was taken on 02.03.2013 and thereupon, the plaintiff learnt that he had to deposit the balance sale consideration within two months, which period had expired. Trial court has dismissed the aforesaid application Annexure P -3, vide order Annexure P -1, which is under challenge in the instant revision petition.

(3.) I have heard counsel for the petitioner and perused the case file.