SURENDER KUMAR Vs. GIRISH KAPOOR & ORS

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure Code, 1908 (CPC) impugns the judgment and decree, [dated 2nd July, 2016 in RCA No.23/2015 of the Court of Additional District Judge-2, District North] not only dismissing the First Appeal preferred by the appellant / plaintiff against the judgment and decree [dated 19th March, 2015 in CS No.202/14/09 of the Court of Civil Judge, District North-West] of dismissal of the suit of the appellant / plaintiff for specific performance of an Agreement of Sale of immovable property, but also setting aside the decree of the Suit Court in favour of the appellant / plaintiff and against the respondents / defendants of recovery of Rs. 2,46,100/- with interest.

(2.) The appeal came up first before this Court on 16th December, 2016, when on the contention of the counsel for the appellant / plaintiff that the First Appellate Court has set aside the money decree in favour of the appellant / plaintiff without the respondents / defendants challenging the same, notice of the appeal was ordered to be issued.

(3.) The respondent no.1 / defendant appeared on 8th February, 2017 and though the respondent no.2 / defendant was unserved but the appellant / plaintiff and the respondent no.1/ defendant were referred to mediation. Mediation remained unsuccessful. The respondent no.2 / defendant also appeared on 16th August, 2017 and the advocate for the respondent no.2 / defendant also appeared on 11th December, 2017. None appeared for the respondent no.1 / defendant on 16th August, 2017 and on 11th December, 2017. Thereafter, on 21st March, 2018, none appeared for either of the respondents / defendants.