LABH SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) The plaintiff assails the correctness of the order refusing to restore the suit, which was dismissed as withdrawn on 7/1/2021.

(2.) The plaintiff filed a suit for possession by way of specific performance of the agreement to sell dtd. 26/12/2011 in which notice was issued to the defendants. During the pendency of the suit, FIR was also registered against the plaintiff on 14/11/2019. Learned counsel representing the plaintiff prayed for permission to withdraw the suit, which was allowed. The order passed by the court on 7/1/2021 reads as under:-

(3.) Subsequently, in the FIR the petitioner was arrested on 3/5/2021 but granted bail only on 17/12/2021. Thereafter, the plaintiff filed the present application under Order IX Rule 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') on 3/1/2022, which has been dismissed by the court.