JAI GOPAL GOYAL Vs. BISHEN DAYAL GOYAL

JUDGEMENT

(1.) 'The plaintiffs filed a suit for specific performance to direct the defendant to complete the agreement dated 08.02.1994 and execute documents of title in favour of the plaintiff in respect of the property bearing number C-254, Defence Colony, Delhi.

(2.) 'The defendant appeared on 22.05.1995 and also filed a written statement. Issues in the suit were framed on 18.02.1998 and the matter was fixed for recording of evidence of parties on 17, 18 May 2000. On 19.05.2000, two witnesses of the plaintiff were present but an adjournment was sought on behalf of the defendant on the ground that no instructions were being received. The case was listed for trial on 7,8 May 2001 subject to payment of costs of Rs. 2000/- and for scrutiny on 04.09.2000. On 04.09.2000 none was present for the defendant and it was noticed that the costs had also not been paid. Again on 07.05.2001, none appeared for the defendant and the matter was listed on 08.05.2001. On 8 th May also, there was no representation on behalf of the defendant and the defendant was proceeded ex parte and the plaintiffs were permitted to lead ex parte evidence.

(3.) Ex parte evidence was led by the plaintiffs and on 13.08.2004, a decree was passed against the defendant and the defendant was directed to complete and specifically perform the agreement dated 18.02.1994 and execute title documents in respect of the suit property.