MAHINDER SINGH versus AMAR SINGH

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Mahinder Singh v. Amar Singh - CR-6101-2004 [2006] RD-P&H 453 (31 January 2006)

CIVIL REVISION NO.6101 of 2004 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CIVIL REVISION NO.6101 of 2004

DATE OF DECISION: February 21, 2006

Mahinder Singh .........Petitioner

versus

Amar Singh ..........Respondent

PRESENT:- Shri Arihant Jain, Advocate for the petitioner.

Shri S.D. Bansal, Advocate for the respondent.

HEMANT GUPTA, J.

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.

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. The said amount was deposited by the respondent and withdrawn by the petitioner before filing of appeal.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.

Since the petitioner has accepted the judgment and decree while withdrawing the amount of decree, the delay in filing of appeal CIVIL REVISION NO.6101 of 2004 [2]

can not be said to be bona fide. The explanation given by the petitioner in filing of appeal beyond the period of limitation cannot be said to be sufficient which may entitle to seek condonation of delay.

Consequently, I do not find any patent illegality or material irregularity in the impugned order passed by the learned first Appellate Court warranting interference by this Court in exercise of its revisional jurisdiction.

Dismissed.

FEBRUARY 21, 2006 ( HEMANT GUPTA )

ks JUDGE

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