AVTAR SINGH Vs. JOGINDERPAL SINGH

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 24/5/2018 passed by Additional District Judge, Fatehgarh Sahib and order dtd. 18/4/2014 passed by Additional Civil Judge (Senior Division), Fatehgarh Sahib vide which application under Order 9 Rule 13 read with Sec. 151 CPC for setting aside the ex parte judgment and decree dtd. 20/2/2006 passed in Civil Suit No.437 dtd. 3/11/2014 titled Joginderpal Vs. Bhupinder Singh and others as well as ex parte order dtd. 26/3/2005 was dismissed.

(2.) Notice of motion was issued on 19/7/2018 to respondent No.1 only and status quo regarding possession was ordered to be maintained. As per office report, service was complete.

(3.) Plaintiff/respondent No.1 filed a suit for possession by way of specific performance, declaration and in alternative, for recovery and permanent injunction. Defendants were proceeded against ex parte. The suit was decreed ex parte with costs. Sale deed dtd. 20/12/2002 executed by defendant No.1 in favour of defendants No.2 and 3 was declared null and void and not binding upon the rights of the plaintiff. Plaintiff was held entitled to decree for specific performance in respect of agreement to sell Exs.P1 and P2 and defendant No.1 was directed to execute sale deed on the basis of agreement to sell on receiving balance sale consideration within a period of one month from the date of decree, failing which the plaintiff was held entitled to get the sale deed executed through process of the Court. Defendants No.2 and 3 were restrained from alienating the suit property.