Manak Mohta, J. - (1.) The defendant-petitioners No. 2 to 5 filed this civil revision petition under Section 115 Civil Procedure Code against the order dated 30.11.2005 passed by the learned Additional District Judge (FT) No. 2, Jodhpur in Civil Original Suit No. 186 of 2004; whereby, the learned Judge rejected the application filed by defendants No. 2 to 5 under O. VII, R. 11 read with Section 151, Civil Procedure Code.
(2.) Brief relevant facts of the case for just disposal of the case are stated as under: It is reveale from the record that originally, the plaintiffs No. 1 to 38 filed a civil suit for Specific Performance of Contract for sale of the immovable property situated at Jalam Vilas, Paota, Jodhpur.
(3.) It is stated in the suit that initially an Agreement to Sale was come in existence on 22.09.1973 and thereafter it was extended and modified from time to time and fresh agreements were executed. Ultimately, the present suit for Specific Performance is based on the "Agreement to Sale" dated 23.09.1995 with regard to the property mentioned in the said agreement was filed on 20.02.2003 in the Court of District Judge, Jodhpur. Presently, the case was transferred to the learned Additional District Judge (FT) No. 2, Jodhpur vide order dated 29.07.2004.;