NARESH KUMAR Vs. PARUL CHHABRA AND OTHERS

JUDGEMENT

(1.) Naresh Kumar-defendant/petitioner has filed this civil revision petition against respondents Parul Chhabra etc. under Section 115 (1) C.P.C. for setting aside the impugned order dated 22.4.2014 passed by the learned Civil Judge (Junior Division), Ludhiana, vide which the application filed by the respondents herein under Section 151 C.P.C. for restoration of the suit titled as "Lata Rani and others versus Naresh Kumar", which had been dismissed as withdrawn on the statement of present respondent No.2 Lata Rani (plaintiff No.1 in the main suit) has been allowed and the suit has been restored to its original number and stage.

(2.) The brief facts as given in the revision petition are that the respondents along with their mother Lata Rani filed a suit for specific performance of agreement dated 23.1.2004. The defendant-petitioner along with the written statement of the suit filed by respondent/defendants for specific performance filed counter-claim for the partition of the house in dispute by metes and bounds and for the separate possession of the same to the petitioner/answering defendant. Since both the parties i.e. the petitioner and the respondents along with their mother Lata Rani in the respective suit and counter-claim had prayed for permanent injunction for restraining each other from alienating, dispossessing each other from the property in dispute, directed both the parties to maintain status quo. When the suit as well as the counter-claim were at the evidence stage, an application was filed stating therein that with the intervention of respectable and family members, the parties have compromised the matter in dispute with each other and agreed to withdraw the case from the Court and the suit was got dismissed as withdrawn.

(3.) On 3.10.2012, after a period of about 7 months, the respondents filed application under Section 151 C.P.C. for restoration of the suit titled as "Lata Rani and others versus Naresh Kumar", which was dismissed as withdrawn vide judgment and decree dated 10.2.2012. Vide order dated 22.4.2014, the learned Civil Judge (Junior Division) allowed the application for restoration filed under Section 151 C.P.C. and thereby restored the suit titled as "Lata Rani and others versus Naresh Kumar" to its original number qua the respondents and directed the Reader to give a note in red ink on the plaint against the name of Lata Rani that the suit on her behalf stands dismissed as withdrawn.