JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the Counsels for the parties, heard finally.

2. This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order passed by the learned Civil Judge, Senior Division, Islampur on an application for rejection of plaint (Exhibit-16) in Special Civil Suit No.4 of 2016, whereby the learned Civil Judge was persuaded to reject the application preferred by the petitioners – defendants.

3. Shorn of superfluities, the background facts, necessary for the determination of this petition, can be stated as under:

(a) Defendant no.1 had made a representation to the plaintiffs that he was the power of attorney of Sou. Kalpana Devidas Bonde and Devidas Kundalik Bonde, who owned the land bearing Gat No.988 admeasuring 7 H. 41 Are (‘the suit land’) situated at Mouje Darvali, Taluka Mulshi, District Pune. Defendant no.1 professed to sell an area admeasuring 40 Are out of the suit land for a consideration of Rs.60,11,000/-. The plaintiffs were made to part with Rs.18,00,000/- towards consideration, in part.

(b) It transpired that defendant no.1 had no power to either repres