VINOD K.SHARMA,J. - (1.) THIS revision petition is directed against the order dated 12.12.1992 passed by the learned Additional Senior Sub Judge, Guhla allowing an application of the plaintiff respondent for withdrawal of the suit with liberty to file fresh one on the same cause of action.
(2.) THE plaintiff respondent sued the defendant to seek a decree for mandatory injunction directing the defendant petitioner to appear before the Sub- Registrar Guhla for attestation and registration of mortgage deed dated 14.5.1985 allegedly executed by the petitioner defendant in favour of the plaintiff respondent in respect of the land measuring 12 Kanals 10 Marlas. The petitioner allegedly executed a mortgaged deed with possession in favour of the plaintiff respondent after the receipt of consideration price of Rs. 26,000/-. The said mortgage deed was presented for registration before the Joint Sub-Registrar, Guhla on 14.5.1985 when the petitioner refused to appear before the Joint Registrar, Guhla.
(3.) JOINT Sub Registrar, Guhla forwarded unattested mortgage deed to Sub- Registrar, Kurukshetra for further guidance. Sub Registrar, Kurukshetra directed the Joint Sub Registrar, Guhla for issuance of notice to the executor defendant and also pointed out that unattested deed can be returned to the plaintiff on 14.9.1985.;