RAJESH GULIA Vs. SAURABH SHIVHARE AND ORS.

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 3/4/2017 passed by the Civil Judge (Jr. Divn.) Gurgaon (now Gurugram) vide which the application under Order 47 Rule 1 read with Ss. 114/151 CPC for review of the judgment dtd. 28/7/2017 passed by the Civil Judge (Jr. Divn.) Gurgaon (now Gurugram) was dismissed.

(2.) Plaintiff/petitioner filed a suit for possession by way of specific performance. The suit was dismissed vide judgment and decree dtd. 28/7/2015 by the Civil Judge (Jr. Divn.) Gurugram. Instead of filing appeal under Sec. 96 CPC, the petitioner filed an application for review against the judgment and decree of the trial Court on the ground that defendant No.1 had no title, therefore, the suit was hit by Sec. 17 of the Specific Relief Act, 1963. Further civil Court failed to appreciate the right of the purchaser against the person with no title in view of Sec. 13(d) of the Specific Relief Act. The application for review was filed against the findings of the trial Court. The trial Court dismissed the said application vide the impugned order. That is how the present revision petition came to be filed.

(3.) Learned counsel for the respondents has taken preliminary objection with regard to the maintainability of the revision petition.