Ram Chand Gupta, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 16.4,2010, Annexure P1, passed by learned Civil Judge, Junior Division, Ludhiana.

2. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

3. Facts relevant for the decision of present revision petition are that a suit for decree for declaration to the effect that agreement to sell dated 7.6.2002 executed between the parties is illegal, null, void and not enforceable against the plaintiff with consequential relief of mandatory injunction directing the defendant to return the original agreement and treat the same as cancelled and further for restraining the defendant from dispossessing or otherwise interfering in any manner in the peaceful possession of the plaintiff over the property in dispute.

4. Suit was contested by respondent-defendant admitting execution of agreement to sell and by filing counter-claim for seeking relief of specific performance of the said agreement. An application under Order VII Rule 11 of the Code of Civil P