RAHUL SACHDEVA Vs. TARVINDER PAL SINGH

JUDGEMENT

(1.) By way of the instant revision petition, the petitionerdefendant No.4-applicant (here-in-after to be referred as "the applicant') has assailed the order dtd. 12/12/2016 (Annexure P-2) passed by learned Civil Judge (Senior Division), Amritsar (for short "the trial Court'), whereby the application moved by him and his co-applicant-defendant No.3 under Order 9 Rule 13 read with Sec. 151 CPC with a prayer to set aside the ex-parte judgment and decree dtd. 31/1/2011, has been dismissed and he (applicant) has also laid challenge to the judgment dtd. 14/9/2022 (Annexure P-4), handed down by learned Additional District Judge, Amritsar, (for short "the Appellate Court'), dismissing the appeal preferred by him against order Annexure P-2.

(2.) Shorn and short of unnecessary details, the facts, culminating in the filing of the present revision petition, are that respondent No.1- plaintiff (here-in-after to be referred as "the plaintiff') filed a Civil Suit against the applicant and his co-defendants for seeking a decree for possession of the suit property by way of specific performance of the agreement to sell dtd. 1/5/2006 or in the alternative, for the recovery of the amount of Rs. four(04) lac and all the defendants, including the applicant, were proceeded against ex-parte therein. Vide the above-said judgment and the decree, the Suit was decreed against the applicant and his co-applicant for the recovery of the sum of Rs.4.00 lac, along-with the interest thereon. Then, they filed the afore-referred application with the prayer to set aside the said judgment and decree and the same has been dismissed by the trial Court vide the order Annexure P-2 and the appeal, as preferred by the applicant against this order, has also been dismissed by the Appellate Court vide the judgment Annexure P-4.

(3.) I have heard learned counsel for the applicant-defendant No.4 in this revision petition, at the preliminary stage and have also perused the file carefully.