RAJIV SAHAI ENDLAW, J.

1. The plaintiff has sued for specific performance of an agreement to sell dated 25th September, 1992 by the defendant No.1 in favour of the plaintiff with respect to property No. 77 Block B-2, Safdarjang Enclave, New Delhi ad-measuring 265 sq. yds, for total sale consideration of Rs.75 lac. The plaintiff claims to have paid advance sale consideration of Rs.23,51,000/- to the defendant No.1. The defendant No.2 Mrs. Shashi Garg was impleaded as a party to the suit on a application of the plaintiff under Order 1 Rule 10 r/w Order 6 Rule 17 of the CPC on the plea that the defendant No.1 had on 17th October, 1996, after the agreement to sell with the plaintiff executed sale deed of the property in favour of the defendant No.2.

2. The defendant No.1 in spite of service of summons of the suit never appeared and was vide order dated 3rd November, 1998 proceeded against ex-parte and remains ex-parte. The defendant No.2 contested the suit by filing a written statement. It is inter-alia the case of the defendant No.2 that the mother of the defendant No.1 Smt. Kaushalya Devi had entered into an agreement dated 13th June, 1986 to sell the property to th