ROOPSINGH Vs. RAGHUNATH

JUDGEMENT

(1.) The appellant-plaintiffs (hereafter referred to "Plaintiffs") have preferred this second appeal under Sec. 100 of CPC assailing the judgment and decree dtd. 11/12/2017 passed in civil first appeal No.143/2006 by the Court of Additional District Judge No.1, Alwar, affirming the judgment and decree dtd. 13/10/2006 passed in civil suit No.19/04 by the Court of Additional Civil Judge (Jr. Division) and Judicial Magistrate No.4, Alwar whereby and whereunder the appellant-plaintiffs' suit for specific performance has been dismissed on merits.

(2.) Heard learned counsel for appellants and perused the impugned judgments and record.

(3.) Learned counsel for appellants has raised arguments that before the first appellate court an application under order 41 Rule 27 CPC was filed by appellants on 30/4/2015, but the first appellate court has neither considered nor decided the said application while dismissing the first appeal vide impugned judgment dtd. 11/12/2017. Counsel has argued that it was the duty of the first appellate court to consider and decide the application under Order 41 Rule 27 CPC filed by appellants before or at the time of deciding the first appeal finally.