SHER SINGH Vs. LAKHVINDER SINGH

JUDGEMENT

(1.) THIS application has been filed for review of the order dated 13. 10. 1995 whereby the Civil Revision No 3703 of 1995 filed by the petitioner was dismissed.

(2.) IN a suit filed by the petitioner for permanent injunction against Lakhvinder Singh and Surat Singh, the learned Additional Senior Sub Judge, Pehowa, accepted the application filed by the petitioner under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and passed an order of injunction restraining the defendants from dispossessing the plaintiff from the suit land in any manner till final decision of the case or till the expiry of the lease. In appeal, the learned District Judge Kurukshetra, reversed the findings of the learned trial Court and held that the evidence produced by the defendants clearly established their possession over the property and, therefore, there was no justification to pass an order of injunction in favour of the plaintiff. Accordingly, the Appellate Court accepted the appeal filed by the defendant-Lakhvinder Singh and dismissed the application filed by the plaintiff-petitioner.

(3.) THE petitioner has sought review of the order dated 13. 10. 1995 on the ground that the review petitioner had filed an affidavit before the Appellant Court showing that Lakhvinder Singh was out of the country for last, one year and he had neither filed the appeal nor had engaged the counsel and the appeal filed before the District Judge was bogus and that this affidavit had not been considered by the Appellate Court.