- (1.) CM No. 22507-CII of 2013 Application is allowed and Annexure A-1 (photocopy of passport of Shukla Jagota is taken on record. CR No. 3574 of 2011 (O&M) The instant revision is filed under Article 227 of the Constitution of India seeking to set aside the order dated 30.11.2009 (Annexure P-4) passed by the trial Court whereby suit of Shukla Jagota filed through Kishan Chand, the alleged General Power of Attorney, was dismissed as withdrawn, and also the subsequent order dated 14.12.2009 (Annexure P-6) vide which the application of restoration of the suit and to decide the same on merits was also dismissed.
(2.) The facts leading to filing of the instant petition are unique and quite disturbing that this Court does not find it to be a fit case to exercise revisional jurisdiction under Article 227 of the Constitution of India.
(3.) The instant petition also purports to be filed by Shukla Jagota through aforesaid Kishan Chand who claimed to be holding general power of attorney on behalf of the petitioner. Through the same person Kishan Chand, a civil suit was filed before the trial Court against the respondent in respect of the residential plot in the ownership and possession of the petitioner. It was stated in the suit instituted on 23.10.2009 that the respondent tried to take possession over the property in question on 19.10.2009 which was resisted. The plaintiff was also under the process of raising construction and collected building material but the respondent started interfering in the construction. Ultimately, the prayer was made for permanent injunction restraining the respondent from interfering in possession of the plaintiff over the suit property and in case the defendant was successful in dispossessing the plaintiff, the claim was also made for mandatory injunction.;