- (1.) Instant revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 06.08.2011 (Annexure P-13) passed by learned Civil Judge (Junior Division), Nakodar, whereby application moved by the petitioner under Section 148 read with Section 151 CPC for extension of time to deposit the balance sale consideration and further to grant time to the petitioner to deposit the balance sale consideration as per ex parte judgment and decree dated 29.02.2000, has been declined.
(2.) Brief facts of the case are that petitioner filed a suit for specific performance and in the alternative a suit for recovery of Rs.1,90,000/- on the basis of agreement to sell dated 08.02.1999. In the said suit ex parte judgment and decree dated 29.02.2000 was passed.
(3.) The relevant extract from the decree-sheet dated 29.02.2000 passed by learned trial court is reproduced as under: - "It is hereby ordered that the suit of the plaintiff for specific performance of the agreement to sell dated 8.2.1999 in respect of the land measuring 11 Kanals 15 Marlas as fully described in heading of the plaint is exparte decreed with costs and plaintiff is directed to deposit the balance sale consideration amount in the court within 3 months and thereafter the defendant shall got the sale deed executed in favour of the plaintiff on the basis of agreement to sell dated 8.2.1999 within an another period of three months, failing which the plaintiff shall be at liberty to get the sale deed executed through court.";