P.K. Lohra, J. - (1.) Appellant-defendant having lost the legal battle before both the Courts below has laid this second appeal under Section 100 CPC.
(2.) The facts, necessary and germane to the matter, are that respondent-plaintiffs instituted a civil suit before Additional Civil Judge (Senior Division) No.2, Jodhpur (for short, 'learned trial Court') for specific performance of contract against the appellant. In the plaint, it was, interalia, averred that appellant entered into agreement to sale on 20.08.1976 for plots No. 36, 67, 70 and other three plots situated in Damodar Colony, outside Nagori Gate, Jodhpur for a consideration of Rs.48,000/- mentioning the dimensions and neighbourhood of the plots in the plaint. The respondent-plaintiffs set out a case that all of them collectively paid the entire consideration amount to the appellant who after receiving the amount agreed to get No Objection Certificate from the concerned department for facilitating execution of registered sale-deeds. For showing cause of action, it is averred in the plaint that appellant has not obtained requisite No Objection Certificate and further no endeavour was made by him to execute the sale-deeds. In the suit, prayer was made for specific performance of contract and in the alternative, it was also prayed that appellant be directed to refund the amount of Rs.48,000/- with interest @ 18% per annum.
(3.) The appellant and the performa respondent did not appear despite receipt of summons and therefore, learned trial court proceeded ex-parte against them. One of the defendants, Narendra Singh, passed away during pendency of the suit, therefore, his name was deleted. In that background, while considering the written statement of Narendra Singh, learned trial Court settled five issues for determination. On behalf of respondents-plaintiffs, three witnesses appeared and documents were also submitted.;