IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. NO.866 OF 2009 DATE OF ORDER: 17.2.2009 Vijay Singh ....Petitioner(s) Versus Jamesh Aar Asciner and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.S. Chahal, Advocate for the petitioner. JASWANT SINGH, J. (ORAL) Petitioner-plaintiff No.1 has filed this petition under Article 227 of the Constitution of India praying for setting aside order dated 8.1.2009 (Annexure P.5) passed by learned Civil Judge (Sr. Division), Fatehabad whereby an application for restoration of the suit filed for possession by way of specific performance has been dismissed for non- tendering of the costs of Rs.1000/-. Learned counsel for the petitioner submits that the suit for specific performance filed by the petitioner-plaintiff No.1 along with one Sushil Kumar-respondent No.1 was dismissed in default on 10.11.2008 and on 11.11.2008, an application for its restoration was made, which was allowed vide order dated 8.1.2009 subject to deposit of Rs.1000/- as costs in the legal aid fund on that very date itself. Learned counsel contends that this order was passed before lunch and the case was posted for being taken up after lunch subject to deposit of costs. Learned counsel further contends that the costs were paid on 8.1.2009. He has produced a receipt of the same at (Annexure P.4). An affidavit of the petitioner-plaintiff No.1 has also been filed along with this revision petition. C.R. NO.866 OF 2009 #2# Keeping in view the facts of this case, this revision petition is allowed and order dated 8.1.2009 (Annexure P.5) passed by learned Civil Judge (Sr. Division), Fatehabad is set aside subject to further payment of Rs.2000/- as costs to be deposited with the District Legal Services Authority within one week from the receipt of the certified copy of the order. February 17, 2009 ( JASWANT SINGH ) manoj JUDGE