SUKHDEV SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India is for setting aside order dated 1.8.2015 [Annexure P/6] passed by Additional Civil Judge [Senior Division], Amritsar in case titled Nirmal Singh v. Sukhdev Singh, whereby application under Section 28 of the Specific Relief Act, 1963 [for short, "the Act"] was dismissed.

(2.) Relevant facts of the case for the purpose of decision of the present petition; that plaintiff, Nirmal Singh had filed a suit for specific performance of agreement of sale dated 16.8.2005 in respect of the land in question. The Court of first instance decreed the suit of the plaintiff and the relief clause of the judgment dated 8.6.2010 is most relevant which is reproduced hereunder:-

(3.) The appeal filed by the defendant was dismissed by the Court of first Appeal. Regular Second Appeal filed before this Court was also dismissed vide judgment and decree dated 5.9.2013 and the judgment and decree dated 8.6.2010 passed by Additional Civil Judge [Senior Division], Amritsar attained finality.