ARUN BHANSALI,J. - (1.) Though, the matter comes up for orders on stay application, with the consent of learned counsel for the parties, the appeal is finally heard.
(2.) This appeal filed by the appellants-legal representatives of Parkha is directed against order dated 5.12.2006 passed by the Addl. District Judge, Bhinmal, District Jalore, ('the trial court'), whereby, the application filed by the appellants under Order 9, Rule 13 CPC seeking setting aside of the ex-parte decree dated 19.1.2001, has been rejected. The suit seeking specific performance of agreement to sell dated 31.5.1996, was filed by Babu Lal against Parkha. After written statement and replication were filed by the parties, issues were framed on 25.2.2000 and the matter was fixed for evidence of the defendant-Parkha on 31.3.2000.
(3.) An application under Order 22, Rule 4 CPC was filed by the plaintiff, inter alia, indicating that Parkha the sole defendant had expired on 3.3.2000. Notices of the application were issued to the proposed legal representatives, who though were served from time to time, did not appear before the trial Court.;