ADARSH KAUR GILL Vs. S H MAWASI

JUDGEMENT

(1.) The decree-holder (the then plaintiff) on 10.10.1988 filed the suit bearing No.2524/1988, seeking relief for specific performance of the agreement to sell dated 02.05.1988 entered into between the decree-holder, namely, Adarsh Kaur Gill and the five judgment-debtors (the then defendants), namely, (i) Mawasi, (ii) Smt. Ramkali, (iii) Satpal, (iv) Satbir, and (v) Vijay Pal, in respect of the land comprising in Mustatil No.90, Killa No.11/2, Mustatil No.91, Killa Nos.7/1, 7/2, 14, 17, 15/2 and 16, total admeasuring 17 Bighas and 4 Biswas, situated within the revenue estate of Village Dera Mandi, Delhi, for a sale consideration of Rs. 7,20,000/- out of which Rs. 2,50,000/- were paid at different times. Despite of service, no one appeared on behalf of the judgment-debtors and vide order dated 06.11.1989 they were proceeded ex parte. The Statement of Account and the Certificates from the Bank were filed by the decree-holder which revealed that the decree-holder had necessary funds to perform her part of the contract at the time of institution of the suit as well as on the date of passing of the final order dated 15.11.1990 when the suit of the decree-holder was decreed to the following effect:-

(2.) The decree was drawn accordingly by the Registry. The memorandum of costs was also prepared on 31.01.1991. In view of the judgment and decree passed by the Court, the sale deed dated 22.10.1991 was executed by the Registrar of this Court in favour of the decree-holder in respect of the suit property.

(3.) Thereafter, two of the defendants, namely, Satbir and Vijay Pal (judgment-debtors No.4 & 5) filed an application being I.A. No.9784/1998 for setting-aside the ex parte judgment and decree dated 15.11.1990 along with an application being I.A. No.1398/1999 under Section 5 of the Limitation Act for condonation of delay. However, the same were dismissed vide order dated 07.07.1999. The order passed is reproduced here as below:-