HEMANT GUPTA, J. - (1.) The challenge in the present revision petition is to the order passed by the learned District Judge, Jind, on 15.10.2004 whereby one year delay in filing of appeal against the judgment and decree dated 29.11.2002 was not condoned and the appeal was dismissed.
(2.) The petitioner has filed a suit for specific performance of agreement of sale dated 7.5.1999. In the said suit, decree for recovery of earnest money was passed by the learned trial Court on 29.11.2002.
(3.) The said amount was deposited by the respondent and withdrawn by the petitioner before filing of appeal. It has been found by the learned first Appellate Court that since judgment and decree has been implemented, therefore, the application is not maintainable.;