DEVENDRA AGARBHATTI WORKS Vs. GAJANAND PUSHAJI VANZARA

JUDGEMENT

(1.) By way of present First Appeal under Section 96 of the Code of Civil Procedure, 1908, the appellant herein - original plaintiff has challenged the judgment and order dated 17.02.2009 passed by the learned City Civil Court No.25, Ahmedabad in Civil Suit No.3151/2002, by which the civil suit filed by the appellant herein - original plaintiff for decree of specific performance of contract / Agreement to Sell came to be dismissed.

(2.) Pursuant to the notice issued by this Court, initially the respondent herein - original defendant did appear through Advocate who subsequently retired from the matter. Another Advocate was engaged by the respondent who also subsequently retired from the matter. Hence, notice was issued to the respondent way back in the year 2014. The notice issued by this Court came to be served to the respondent, however the respondent has chosen not to appear himself or engage any lawyer in the present First Appeal. Hence, the First Appeal is taken up for hearing in view of the fact that the present First Appeal is of the year 2009 and Record & Proceedings have already been brought before this Court.

(3.) The case put forward by the appellant herein - original plaintiff before the trial Court as also before this Court are as follows: