NARINDER SINGH WALIA Vs. SEHBAZ BHATTI

JUDGEMENT

(1.) By invoking Art. 227 of the Constitution of India, the present petition directs challenge against order dated 23.07.2014 (Annexure P-3) passed by the Civil Judge (Junior Division), Kharar, whereby application of the petitioner for restoration of the suit has been dismissed.

(2.) A brief backdrop of the case is that the petitioner filed a suit for specific performance of agreement to sell dated 22.11.2004 in respect of land measuring 17 kanals on the basis whereof an amount of Rs.13,60,000.00 was paid as earnest money in the presence of witnesses. The suit was filed in Aug. 2005 and the same was withdrawn in Jan., 2007.

(3.) The instant application (Annexure P-1) was filed for restoration of the suit by invoking the provisions of Order 9, Rule 4 of the Code of Civil Procedure, 1908 (in short 'CPC') primarily on the ground that with the intervention of common friends and respect ables, the matter was compromised between the parties and it was agreed that the respondent will execute the necessary sale deed in favour of the plaintiff as per agreement dated 22.11.2004 of his share and the plaintiff will withdraw his suit. Similarly, suit for injunction filed by the respondent was also compromised with an understanding that possession shall continue with the petitioner and suit for injunction was withdrawn by Sehbaz Bhatti on 02.01.2007.