N.K. Sud, J. - (1.) This appeal is directed against the order of the Additional District Judge, Ludhiana, rejecting the application filed by the appellants under Order 41 Rule 21, Code of Civil Procedure, for rehearing the appeal filed on behalf of the plaintiff -respondents.
(2.) The plaintiff -respondents had filed the suit for possession by way of specific performance of the contract of sale of land measuring 67 kanlas 2 marlas or in the alternative the suit for recovery of Rs. 60,000/ - as refund of earnest money and damages along with interest. The suit was decreed by the trial court vide order dated 27.2.1999 whereby the alternative prayer for recovery of Rs. 60,000/ - was decreed and the petitioners were held liable to pay Rs. 60,000/ - alongwith interest at the rate of 6% from the date of filing of the suit till the actual realisation. Respondent No. I filed an appeal before the Appellate Authority, Ludhiana, who vide order dated 29.7.1999 allowed the same. The judgment and decree of the trial court was modified and the appellant was held entitled to possession by way of specific performance of the agreement to sell dated 25.6.1986 regarding land measuring 67 kanals 2 marlas on payment of balance sale consideration as per the terms of the agreement. Admittedly , no notice in the appeal had been given to the petitioners. The petitioners, therefore, moved an application under Order 41 Rule 21, Code of Civil Procedure, for rehearing of the appeal on the ground that they had not been issued any notice or heard by the appellate authority. This application has been rejected vide the impugned order on the ground that since the petitioners had been proceeded ex -parte before the trial court, there was no need to serve them by the appellate authority also.
(3.) I have heard the counsel for the parties. The order of the appellate authority cannot be sustained.;