Civil Revision No.3859 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3859 of 2010 Date of Decision: 1.7.2010 Krishan Kumar Verma ......Petitioner Versus Narender Prabhakar .......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri R.M. Singh, Advocate, for the petitioner. HEMANT GUPTA, J (Oral). The challenge in the present petition is to the orders passed by the learned Courts below, whereby an application for grant of ad-interim injunction, has been dismissed. Earlier a decree for specific performance has been passed by the learned Civil Judge (Junior Division), Bhiwani on 27.1.2006. Such decree has been affirmed by the first Appellate Court on 14.9.2007 and in second appeal by this Court on 18.4.2009. Having remained unsuccessful in a suit for specific performance, the petitioner has filed the present suit challenging the decree on the ground of the plaintiff not disclosing that he has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short `the Act’) against the father of the present petitioner. It is contended that filing of such complaint is evidence of loan being availed by the father of the petitioner, which is the stand taken by the petitioner in the earlier proceedings. Mere fact that the plaintiff has not disclosed the filing of the complaint under Section 138 of the Act, will not be a ground to return a finding that the decree for specific performance is Civil Revision No.3859 of 2010 [2] actuated by fraud. The petitioner has taken a stand in the earlier proceedings that it was a loan transaction. Having remained unsuccessful in proving such plea, the petitioner cannot be permitted to re-agitate the same plea by additional facts, under the guise of fraud. Consequently, I do not find any patent illegality or material irregularity in the impugned orders, which may warrant interference by this Court in exercise of its revisional jurisdiction. Hence, the present petition is dismissed. [ HEMANT GUPTA ] 01-07-2010 JUDGE ds