L.N. MITTAL - (1.) CM No.10956-CII of 2012 Allowed as prayed for. CR No.2575 of 2012
(2.) PLAINTIFF Haripal Singh Ahalwat has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to challenge order dated 06.01.2012 Annexure P-4 passed by learned Civil Judge (Senior Division), Hisar thereby deleting names of defendants No.2 and 3 Wazir Singh Poonia, Advocate and P. C. Gera (respondents No.1 and 2 herein) from the array of defendants in the suit filed by plaintiff- petitioner against them as well as against Kuldesh defendant No.1 (proforma respondent No.3 herein). Case of the plaintiff-petitioner, as appears from the impugned order and copy of plaint shown by the counsel for plaintiff-petitioner, is that defendant No.1 orally agreed to sell some property to the plaintiff for Rs.10,00,000/- and received cheque dated 09.05.2008 for Rs.8,00,000/- from the plaintiff. It is also alleged that defendant no.1 in collusion with defendants No.2 and 3 encashed the said cheque but did not execute the sale deed. In between, defendant No.1 resiling from the agreement had returned Rs.2,00,000/- on 12.06.2008 and Rs.1,00,000/- on 26.06.2008 through defendant No.2 to the plaintiff but again defendant No.1 agreed to execute sale deed of the property and plaintiff repaid Rs.1,00,000/- to defendant No.1 on 16.07.2008 and Rs.1,00,000/- on 29.07.2008. However, defendant No.1 ultimately resiled. Accordingly plaintiff has sought recovery of Rs.7,00,000/- from all the defendants. Allegations against defendants No.2 and 3 are that they got opened account of defendant No.1 in bank falsely depicting her to be wife of the plaintiff. Defendant No.3 is Manager of the said Bank.
(3.) DEFENDANTS No.2 and 3 moved application for deleting their names from the array of defendants. The said application has been allowed by the trial Court vide impugned order Annexure P-4 and names of defendants No.2 and 3 have been ordered to be deleted from the array of defendants. Feeling aggrieved, plaintiff has filed this revision petition.;