SUCHA SINGH SODHI Vs. BALDEV RAJ WALIA

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 8th May, 2012 of dismissal of CS No.135/2008, instituted on 25th February, 1999, by Sh. Sucha Singh Sodhi, predecessor-in-interest of the four appellants, for specific performance of an Agreement of Sale of immovable property, consequent to rejection (under Order VII Rule 11 of Civil Procedure Code (CPC), 1908 and on a preliminary issue framed in that regard) of the plaint as barred by Order II Rule 2 of the CPC.

(2.) The appeal was accompanied with an application for condonation of 68 days delay in re-filing the same. Notice only of the said application was issued to the two respondents. The respondent No.1 was proceeded against ex-parte in the appeal. However, on 26th November, 2013 the counsels for each of the two respondents appeared and after hearing them, the delay in re-filing the appeal was condoned and the appeal admitted for hearing and considering the nature of the controversy, arguments were finally heard in the appeal and the judgment reserved.

(3.) The predecessor-in-interest of the appellants, on 25th February, 1999 as aforesaid, instituted the suit from which this appeal arises, only against the respondent/defendant No.1 Sh. Baldev Raj Walia, pleading: