VIJAY LAXMI Vs. MUNNU LAL

JUDGEMENT

(1.) This is an appeal against the order passed by the court below rejecting the application filed by the present appellant under Order XLI Rule 21, C.P.C.

(2.) The facts of the case lie in a narrow compass. Respondent Munna Lal instituted Suit No. 170 of 1991 for specific performance of a registered contract, dated 6th March, 1992 to sell the disputed house in his favour. The said agreement was executed by Smt. Krishna Devi, the mother of the present appellants, who has expired during pendency of the suit before the trial court. Out of total sale consideration of rupees one lac Rs. 25,000 was given on 2nd March, 1992 and Rs. 15,000 was given on 6th March, 1992. It was agreed that the agreement shall be executed by the vendor after her obtaining permission from the Urban Ceiling Authority, The vendor having failed to execute the sale deed, the suit for specific performance was filed.

(3.) The suit was dismissed by the trial court on 3rd of August, 2002. This decree as challenged by the plaintiff/respondent by filing Civil Appeal No. 109 of 2002. The said appeal has been allowed ex parte on 11th July, 2003. To set aside the ex parte decree passed by the court below, an application by the present appellants was filed which has been dismissed by the court below, by the order under appeal.