MANGAL SINGH Vs. RAJ KUMAR JAGOTA AND ORS.

JUDGEMENT

(1.) CM-4867-C of 2019 and RA-RS-38 of 2019.

(2.) Appeal in question was dismissed as withdrawn vide order dtd. 13/2/2019 on a specific statement of learned counsel representing the applicant-appellant. Order dtd. 13/2/2019 reads as under:-

(3.) Learned counsel for the applicant-appellant argues that the applicant-appellant was not present in Court and neither were any such instructions given to his counsel on 13/2/2019. It is further argued that the applicant-appellant has been agitating his case right from the very beginning and is in-fact a victim of a fraud committed by the plaintiffs. The applicant-appellant, it is submitted should not be put to hardship due to the inadvertence or callousness of the counsel engaged. It is urged that while not granting the relief of specific performance, learned Courts below had directed recovery of the earnest money from the present applicant-appellant. No compromise whatsoever has taken place between the parties. Therefore, there was no question or occasion for the present applicant-appellant to withdraw this appeal. Applicant-appellants seeks to pursue the matter on merits.