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2024 Supreme(P&H) 844

GURBIR SINGH
Islamuddin – Appellant
Versus
Dharambir – Respondent


Advocates Appeared:
Mr. Sunil Chadha, Senior Advocate with Ms. Tanvi Dhull, Advocate and Mr. Raghav Chadha, Advocate; For the Petitioner
Mr. Amit Jain, Advocate; For the Respondents

JUDGMENT

Mr. Gurbir Singh, J.

Challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dated 02.11.2016 (Annexure P-5), passed by learned Civil Judge (Junior Division), Gurgaon (for brevity - Trial Court), against dismissal of application under section 151 CPC, filed by the plaintiff/petitioner, for restoration of the suit filed by him.

2. Petitioner Islamuddin was plaintiff and respondents Dharambir etc. were defendants before the learned Trial Court. Both the parties hereinafter shall be addressed to as per their original status in the suit.

3. The facts, as culled out from the paper-book and necessary for proper adjudication of this revision petition, are that plaintiff filed a Civil Suit No. 120 dated 26.07.2004 titled Islamuddin v. Dharambir Singh and another for decree of possession by way of specific performance of agreement to sell dated 10.06.2003 and in the alternative, for recovery of amount of Rs. 16,20,000/- along with interest etc., with regard to the land measuring 23 kanals 17 marlas @ Rs. 5,40,000/- per acre, out of which earnest money of Rs. 3,20,000/- was paid.

4. During pendency of the said suit, parties ente

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