STATE OF PUNJAB Vs. HARJIT SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned District Judge, Amritsar dated 2.4.1990, whereby an appeal filed against the order passed by the learned trial Court dated 11.10.1989 dismissing the application for restoration of the suit, was dismissed as not maintainable.

(2.) The plaintiff-petitioner filed a suit for recovery of Rs.12,200.72 paise. It is the case of the plaintiff that 25 acres of land was purchased by the plaintiff for a total sale consideration of Rs.37,500/- which was paid by the plaintiff on 31.3.1960. On the basis of said payment, a sale deed dated 5.4.1960 was executed by the vendor and the possession was delivered to the plaintiff. However, subsequently, it was found that Didar Singh, father of Harjit Singh, defendant has no right in 48 kanals of land. The said finding was returned vide judgment dated 16.9.1976. Thereafter the plaintiff filed the present suit for recovery of proportionate price to the extent of share of Didar Singh. The said suit was dismissed in default on 10.6.1988.

(3.) An application for restoration of said suit was dismissed on account of failure of the plaintiff to lead evidence on 11.10.1989. The appeal against the said order was dismissed by the learned first Appellate Court on the ground that it is not maintainable.