AMARJIT SINGH Vs. CHANDIGARH HOUSING BOARD AND OTHERS

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India for setting aside order dated 20.3.2013, passed by learned Additional Civil Judge (Senior Division), Sonepat, whereby application, filed by the petitioner/plaintiff for directing the respondents to execute the sale deed, was dismissed.

(2.) Relevant facts of the case that the civil suit was pending and fixed for 3.8.2007 for filing of written statement before the Court below. The parties entered into written compromise dated 3.8.2007 and made their statement before the Court and undertook to get the sale deed executed in favour of the applicant/plaintiff and the matter was adjourned to 18.8.2007 for decision in the Lok Adalat as the applicant/plaintiff was entitled to get the refund of court fee. The civil suit was decided by the Lok Adalat on the basis of compromise on 18.8.2007. Plaintiff requested the defendants to get the sale deed executed and for that purpose, he had got prepared a demand draft of Rs. 3,32,81,800/- in favour of the defendants but they had not come forward and the defendants disobeyed the order of the Court dated 18.8.2007. So, prayer was made that defendants be directed to come forward and get the sale deed executed in favour of the plaintiff.

(3.) Respondents contested the application, inter alia taking the plea that present suit was withdrawn in Lok Adalat on 18.8.2007 and thereafter an application, filed by the plaintiff for restoration, is misconceived. As per law, restoration can be effected only if the suit has been dismissed for nonprosecution.