- (1.) Present revision petition under Article 227 of the Constitution of India is for setting aside order dated 1.8.2015 [Annexure P/6] passed by Additional Civil Judge [Senior Division], Amritsar in case titled Nirmal Singh v. Sukhdev Singh, whereby application under Section 28 of the Specific Relief Act, 1963 [for short, "the Act"] was dismissed.
(2.) Relevant facts of the case for the purpose of decision of the present petition; that plaintiff, Nirmal Singh had filed a suit for specific performance of agreement of sale dated 16.8.2005 in respect of the land in question. The Court of first instance decreed the suit of the plaintiff and the relief clause of the judgment dated 8.6.2010 is most relevant which is reproduced hereunder:- "RELIEF 13. As a cumulative result of the findings on the above issues, the suit is decreed to the effect that plaintiff is entitled to the possession over the land in suit by way of specific performance of the agreement of sale dated 16.08.2005 on payment of balance sale consideration of Rs. 3,30,000/- to the defendant, who is directed to execute the sale deed in favour of the plaintiff within a period of two months from today, failing which the plaintiff shall be at liberty to get the same executed through the process of the Court. Decree sheet be prepared and the file be consigned to the Record Room."
(3.) The appeal filed by the defendant was dismissed by the Court of first Appeal. Regular Second Appeal filed before this Court was also dismissed vide judgment and decree dated 5.9.2013 and the judgment and decree dated 8.6.2010 passed by Additional Civil Judge [Senior Division], Amritsar attained finality.;