Mr. Amit Rawal, J.: (Oral) - C.M. No.7996-C of 2016

For the reasons stated in the application, delay of 23 days in refiling the appeal is condoned. Application is allowed.

C.M. No.7998-C of 2016

For the reasons stated in the application, permission for making good the deficiency of court fee is granted.

Application is allowed.

RSA No.2992 of 2016 (O&M)

2. The appellant-plaintiff is aggrieved of the dismissal of the suit seeking symbolic possession and specific performance of agreement to sell dated 14.07.2004 whereby the amount agreed in the agreement i.e. Rs.40,000/- has been paid.

3. Mr. Baltej Singh Sidhu, learned counsel appearing for the appellant submits that the Courts below have declined the relief on the ground that the defendant was one of the co-owners of the property and not the absolute owner. The defendant appeared and filed written statement denying the agreement to sell but thereafter proceeded ex parte. The Court could have believed the un-rebutted statement of the plaintiff. All these facts escaped notice of the Courts below, thus, urges this Court for setting aside the judgments and decrees passed by the Courts below by formulating the substantial questi