JAGIR CHAND Vs. JAGSIR SINGH

JUDGEMENT

(1.) This is a revision petition by the defendants against order dated April 23, 1998 passed by the Civil Judge (Junior Division), Fazilka, whereby the defendants' application under Order 18, Rule 17-A Civil Procedure Code, has only been partly allowed.

(2.) The petitioner-defendants have filed an application under Section 5 Limitation Act, for condoning the delay in the re-filing of the present revision petition. The application is allowed for the reasons mentioned therein.

(3.) The plaintiff filed a suit for specific performance of agreement to sell dated July 5, 1989. This was regarding a bus with route permit. The relief of possession was also sought. Defendant No. 1 took the plea in his written statement that the suit was barred under Order 2, Rule 2, Civil Procedure Code. An issue was framed. The defendants could not earlier produce the certified copies of the plaint, written statement, memo of issues and judgment and decree dated November 21, 1990. It was stated by the defendants that those documents pertained to a suit filed before the Sub Judge, Muktsar, relating to a similar controversy based on the agreement in question. The institution of the earlier suit had been admitted by the plaintiffs. The application was, however, not allowed.