S.U. Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) RESPONDENT No. 3, Urmila Devi instituted O.S. No. 354 of 1986 against Tejpal (husband of original Respondent No. 5), Defendant No. 1, Mst. Dhanwati wife of Jai Singh, Defendant No. 2, (since deceased and survived by Smt. Rajbala, Respondent No. 4), Savitri Devi, Defendant No. 3 and Smt. Kamla Devi Defendant No. 4. Defendant Nos. 3 and 4 are Petitioners in this writ petition. The suit was for specific performance of an alleged agreement for sale executed by Tejpal dated 11.11.1985 registered on 10.12.1985. The property in dispute was agricultural land comprised in Khasra No. 87 M area 1 bigha 9 biswa 3 biswancies situate in village Umarpur, Pargana Dhampur, District Bijnor. In the agreement the sale consideration was shown to be Rs. 15,000/ -out of which an amount Rs. 14,500/ -was paid as earnest money at the time of execution of agreement for sale and it was stipulated that sale deed would be executed within a year by Tejpal after receiving balance amount of Rs. 500/ -. It was further alleged in the plaint that Tejpal turned dishonest and within a year from the date of execution of the agreement, he executed sale deed of the property in dispute in favour of his daughter who was Defendant No. 2 in the suit. It was further alleged that thereafter Defendant No. 2 executed the sale deed in favour of Defendants No. 3 and 4, Petitioners. The suit was decreed ex parte on 12.05.1988 by Additional Civil Judge, Bijnor, copy of the said judgment is Annexure 1 to the writ petition in which it is mentioned that inspite of sufficient service no one appeared on behalf of Defendants and Plaintiff had proved her case by filing affidavit. Service was affected through publication in the news paper Rashtriya Vedna. Petitioners filed restoration application under Order IX Rule 13 Code of Civil Procedure on 30.03.1989 which was registered as case No. 17 of 1989. The said case was dismissed in default on 19.05.1992. Accordingly, another restoration application was filed on 4.10.1993 along with delay condonation application which was registered as case No. 43 of 1993. 1st Additional Civil Judge Bijnor through order dated 21.02.1995 dismissed the second restoration application (Misc. case No. 43 of 1993) copy of the said order is Annexure 3 to the writ petition. Against the said order Petitioners filed Civil Revision No. 26 of 1995 which was allowed on 12.11.1997, order dated 21.2.1995 was set aside, Petitioners second restoration application registered as Misc. case No. 43 of 1993 was allowed and order dated 19.05.1992 dismissing Petitioners' first restoration application (Misc. case No. 17 of 1989) in default was set aside and matter was remanded to the trial court to decide Petitioners first restoration application (Misc case No. 17 of 1989).
(3.) THEREAFTER , trial court/1st Additional Civil Judge Sr. Division, Bijnor, dismissed the first restoration application (Misc. case No. 17 of 1989) through detailed order dated 09.10.1989, true copy of the said order is Annexure 5 to the writ petition. Against the said order Petitioners filed Civil Misc. appeal No. 167 of 1998 which was dismissed on 4.09.1999 by 6th A.D.J. Bijnor, hence this writ petition.;