RAMESHWAR NATH Vs. RANJIT SINGH

JUDGEMENT

(1.) This appeal is directed against the remand order passed by the Additional District Judge, Patiala, dated 6.11.1986, whereby decree for specific performance of the agreement to sell, passed in favour of the plaintiff was set aside and the case was remanded for fresh decision after allowing defendants No. 2 and 3, reasonable opportunity to lead their evidence.

(2.) Plaintiff Rameshwar Nath fied a suit for specific performance en the basis of an agreement to sell dated 4.7 1960. It was supulated in the agreement that the defendant Jaimal Singh would execute the sale deed In his favour after getting the sale certificate from the Pepsu Township Development Board. That being so the suit was filed on 24.8.1981.

(3.) The suit was contested by subsequent defendant vendees No. 2 and 3. Many opportunities were given to them for adducing their evidence but they failed. Ultimately on 11.12.1984, their counsel pleaded no instructions on their behalf. As a result thereof, the evidence of the defendants was closed on that very day and the case was adjourned for arguments Later on an application dated 2. 1. 1985, was filed on behalf of the defendants for allowing them to lead evidence which was declined by the trial Court. Ultimately, the plaintiff's suit was decreed vide trial Court judgment dated 15.2.1988. .