PREM CHAND Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) On the oral motion made by counsel for the petitioner, leave to amend the petition by incorporating the prayer for quashing of the orders declaring the petitioner as proclaimed offender, is granted. Amendment be carried out within two weeks.

(3.) It is not in dispute that in a suit for specific performance of the contract filed by respondent No.2 in relation to the subject shop against the petitioner, civil court had made a decree declining the relief of grant of decree for specific performance of the contract but had made a decree dated 31.8.2009 for refund of the earnest money to respondent No.2 without awarding any interest. The decree of the civil court became final between the parties upto this Court in the year 2009. In other words, the earnest money of Rs.3.00 lacs only was to be refunded with no interest as per the decree. The matter should have ended there.