ARVIND KUMAR JAIN Vs. AWNISH SAXENA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 30/3/2010 passed by learned Second Additional District Judge, Gwalior in Civil Suit No. 24-A/2009 dismissing the suit of plaintiff for specific performance of contract, the appellant has filed this First Appeal under Section 96 of Civil Procedure Code, 1908.

(2.) In brief the suit of plaintiff / appellant is that the property in question, which is a house, is owned by first defendant-Awanish Saxena. On 14/1/2009 the first defendant entered into an agreement with the plaintiff / appellant to get it sold in his favour.

(3.) The defendants, despite they were served, did not remain present before the learned Trial Court and, hence, they were proceeded ex parte. Needless to say, since they were ex parte, they also did not file any written statement.