JUDGMENT

B.P. SINGH, J.—

1.Special Leave granted.

2.This appeal is directed against the judgment and order of the High Court of Himachal Pradesh dated August 29, 2005 and September 22, 2005 in R.F.A. No.133 of 1998. By the impugned judgment and order the High Court dismissed the appeal preferred by the defendants and affirmed the ex-parte decree for specific performance passed by the Trial Court by its impugned judgment and decree of January 7, 1998.

3.In view of the order that we propose to pass it is not necessary for us to consider in detail the facts of the case and the issues that arise in the suit, because we have reached the conclusion that the Trial Court was not justified in passing an ex-parte decree in the facts and circumstances of the case. We shall, therefore, notice the facts of the case only in so far as they are relevant for disposal of this appeal.

4.It is not in dispute that late P.S. Multani (Defendant) and late Jawahar Lal Jain (Plaintiff) were good friends. Late P.S. Multani owned a property known as Brombley Estate in Shimla which comprised of about 20 bighas of land with house and orchard (hereinafter referred to as “the property”).

5.The case of the plaintiff lat