JAHAR SINGH LODHI Vs. RAMKALI

JUDGEMENT

(1.) With consent, heard finally.

(2.) Present Miscellaneous Appeal under Order XLIII Rule 1 (u) of CPC has been preferred by the appellant/plaintiff challenging the judgment and decree dated 30.11.2011 passed by Additional District Judge, Pichhor, District Shivpuri, wherein appeal under Section 96 of CPC preferred by the respondents No.1 and 2 has been allowed and matter has been remanded for fresh adjudication.

(3.) Facts of the case in brief are that appellant/plaintiff filed the suit for specific performance of contract against the respondent No.3 (defendant No.1 in the suit). After notice, respondent No.3 caused his appearance before the trial court, submitted written statement, accepted the plaint allegations and extended his readiness and willingness to enter the compromise regarding enforcement of agreement to sale executed between the parties. The application under order XXIII Rule 1 and 3 of CPC was filed jointly by the parties to lis. Decree under Section 21 of M.P.Legal Services Authority Act, 1987 had been drawn in Lok Adalat.