SANJAYBHAI SHASHIKANTBHAI ACHARYA Vs. DHAVALBHAI BALKRISHNABHAI RAVAL

JUDGEMENT

(1.) The present appeal is filed at the instance of the original plaintiffs under Sec. 96 of the Code of Civil Procedure, 1908 challenging the impugned judgment and order dtd. 31/10/2012 passed by the learned 15th Additional Senior Civil Judge, Rajkot in Special Civil Suit No.163 of 2010. By the said impugned judgment and order, the learned Judge has dismissed the suit preferred by the present appellants- original plaintiffs seeking specific performance of the registered agreement to sell dtd. 2/2/2010, against the defendant as well as relief for injunction and other consequential reliefs has also been refused.

(2.) In order to appreciate the controversy involved, the facts as emerged from the record are briefly summarized as under:

(3.) Noticing the aforesaid facts of the case, the learned Judge had issued summons upon the defendant which has been duly served. The summons issued by the Court has in fact been accepted by the father of the plaintiffs as evident from Exh.10 and Exh.11. The defendant had appeared before the Court as evident from Exh.12 on 21/9/2000, whereby, he had prayed for an adjournment, however thereafter the defendant had neither appeared in person nor through his advocate. The proceedings had been conducted ex-parte by the trial court. In absence of the written statement, the learned Judge proceeded to frame the issue at Exh.23 by taking into consideration the pleadings as averred in the plaint. The issues framed at Exh.23 reads as under: