(1.) This appeal is against an order by which the court below has dismissed an application to set aside an ex parte decree passed in a suit for specific performance of a contract for sale of immovable property.
(2.) Two plaintiffs sued a couple and a son, pleading that the couple had executed a contract for sale, the woman acting also as the attorney of her son. The plaint further says that the agreement was signed after a telephonic discussion with the son of the couple, who was arrayed as the third defendant. We have seen that agreement.It does not show that the third defendant had signed it. It does not contain any signature as that of the third defendant. Before the trial court, no document which could be treated as the registered power of attorney by the son in favour of the mother was produced.
(3.) Summons was duly served on the three defendants. The first defendant filed written statement. The others were set ex parte.