RAM AYODHAYA PRASAD SINGH Vs. SHIV KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This civil revision has been preferred, under Sec. 115 of the Code of Civil Procedure, against the order dtd. 20/4/2013 passed by the learned Sub-Judge-IV, Sasaram in Misc. Case No. 33 of 2011.

(3.) Petitioner-Ram Ayodhya Prasad Singh is a headmaster of some school. The petitioner had entered into an agreement on 31/1/2001 to purchase Survey Plot No. 743 and 1210, total area 500 square feet from Dr. Sita Ram. Since Dr. Sita Ram was not performing his part of the contract, Title Suit No. 36 of 2002 was brought by the petitioner on 22/1/2002 for specific performance of contract. During pendency of the suit, Dr. Sita Ram died and his son and daughters were substituted. On 5/7/2011, the petitioner filed a petition before the trial court for withdrawal of the suit for the reason that the suit is pending since long and the well wishers have settled the grievance of the petitioner outside the court. According to that settlement, outside the court, the petitioner was to get, from the opposite parties Rs.1,00,000.00 (one lac) which was advanced consideration money paid by the petitioner along with Rs.1,50,000.00 (one lac fifty thousand) additionally. Total Rs.2,50,000.00 (two lacs fifty thousand) was paid by the opposite parties through bank draft and the petitioner received the aforesaid amount and encashed in his account. Thereafter, the petitioner filed Misc. Case No. 33 of 2011 before the court below under Order 23, Rule 3 read with sec. 151 of the Code of Civil Procedure to recall the order dtd. 2/8/2011 passed in Title Suit No. 36 of 2002 whereby suit was permitted to be withdrawn. The prayer has been refused by the impugned order dtd. 20/4/2013.