- (1.) PETITIONERS -plaintiffs have laid this writ petition assailing impugned order dated 29th of October 2013 (Annex.4) passed by the Addl. District Judge, Bhimnal, District Jalore (for short, 'learned trial Court'), whereby their evidence is closed.
(2.) THE facts in brief, giving rise to this writ petition are that a civil suit for declaration under Section 31 of the Specific Relief Act 1963 was filed by the petitioners against respondent No.1 & 3 for cancellation of sale -deed in respect of agricultural land situated at village Khejadiyali, Patwar Halka Khejadiyali, Tehsil Sanchore in Khasra No.1237/1830 measuring 20 bighas, which was executed by respondent Ganesha in favour of respondent Ramjan Khan.
(3.) AS per the averments in the plaint, alienation of the agricultural land of certain Khasra, which includes Khasra No.1237/1830, was not permissible without prior approval from the competent authority in accordance with the Notification issued by the Central Government dated 12th of March 1996. The allegation of the petitioners in the plaint was that despite the fact that notification dated 12th of March 1996 was in vogue, respondents have entered into the sale transaction and got the sale deed registered and therefore the same is liable to be declared as null and void. The suit filed by the petitioners was contested by the first respondent but none appeared on behalf of respondent Ganesha despite service of summons and therefore the learned trial Court proceeded ex -parte against him. As none of the respondents appeared, the Court proceeded exparte against them on 2nd of November 2010 and the matter was posted for recording ex -parte evidence of the petitioners -plaintiffs but despite granting 13 adjournments, the petitioners have not tendered their ex - parte evidence, and therefore, by the impugned order their evidence was closed.;