- (1.) Prayer in the present revision petition, filed under Article 227 of the Constitution of India, by the plaintiff-petitioners, is for setting aside the order dated 01.06.2010 (Annexure P2), whereby the application, filed for recalling the order dated 07.01.2008 (Annexure P3), vide which the Civil Suit of the plaintiffpetitioners for possession was rejected on the ground that there was no proper explanation for the non-appearance of the plaintiff on the date fixed and also that the application was time-barred. The order dated 01.12.2010 (Annexure P1), passed by the Additional District Judge, Gurgaon is also subject matter of challenge, upholding the order of the Trial Court by recording a finding that the same was a revisable order and only a revision could be instituted.
(2.) Learned Senior Counsel for the petitioners has been at pains to explain the background of the case as to how the petitioner, who is a NRI, is fighting the litigation and trying to save his immoveable property which has been fraudulently sold.
(3.) Counsel for the respondents, on the other hand, submitted that the property had been sold by a registered power of attorney and it was only an attempt to keep the litigation pending and even the criminal proceedings had ended in favour of the respondents as they had been acquitted of the charges framed by the Judicial Magistrate, 1st Class on 03.09.2014.;