BALWANT SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) REPLY filed in RA No.137 -CII of 2014 on behalf of nonapplicant is taken on record.

(2.) TWO petitions for review are accompanied with applications for condonation of delay. The order was passed on 16.08.2013 by this court allowing the revision filed by the decree holder for the sale of the nazool land which was held by the judgment debtor and in respect of which a specific enforcement was sought by the plaintiff, but lost the relief of specific performance on the ground that an agreement to sell a nazool land would operate against public policy. The plaintiff -revision petitioner before this court had been granted only the right of recovery of the amount paid under the contract. In the revision petitions, this court reasoned that Section 60 CPC did not set out a nazool land as not capable of being attached and, therefore, held that there was no bar of attachment.

(3.) AT the time when the petitions were disposed of, the applicants had not appeared and they have come by means of applications for review only after they were served with notice of execution from the Executing Court. There is consequently a delay of more than a year in filing the respective applications. The objection for condonation of delay is mounted by the decree holder on a plea that the applicants had been served with summons in the revisions and there was no justification for non -appearance. Notices in execution from the Executing Court cannot give a new right to approach this court beyond time. It is the further contention that the limit of review shall be restricted to errors apparent on the face of Review Application No.135 -CII of 2014 and record and cannot be brought on ground that the judgment is wrong.