PARWATI BAI Vs. NARBADA PRASAD

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been filed against the order dated 13.9.1990 passed by the Court of First Additional District Judge, Sagar in revision under Section 115 C. P. C. whereby the order dated 11.7.1987 passed by the II Civil Judge Class I, Sagar setting aside the ex -parte decree against the petitioner under Order 9 Rule 13 C. P. C. has been set aside.

(2.) THE respondent no. 1 filed Civil Suit No. 292 -A of 1983 against late Ramkumar, sole defendant to the suit, for specific performance of the alleged contract of agreement of sale of agricultural lands bearing Khasra Nos. 45/1 and 45/2 - total 4.89 acres of village Pipariaband, tahsil and district Sagar. It was alleged that late Ramkumar under an agreement dated 6.2.1976, promised to sell the aforesaid lands to the plaintiff for a sum of Rs. 6, 000/ - out of which an amount of Rs. 1, 651/ - was paid as advance consideration.

(3.) ON 18.4.1984, late sole defendant named above was absent in the suit and was proceeded ex -parate by the court. The sole defendant died on 4 -7 -1984.