Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 24th September, 2007 of the Court of the learned Additional District Judge (ADJ), Delhi in Suit No.193/2006 filed by the appellant/plaintiff for recovery of Rs.20 lakhs jointly and severally from the two respondents/defendants, to the extent the same declines recovery of Rs.10 lakhs to the appellant/plaintiff while decreeing the suit of the appellant/plaintiff for Rs.10 lakhs with interest and costs only.

2. Notice of the appeal was issued. The appeal was on 21st April, 2008 admitted for hearing. The appeal, on 1st May, 2013, on default in appearance of the appellant/plaintiff, was dismissed in default. The appellant/plaintiff applied for restoration and which was allowed on terms and the counsels were also heard on the appeal and judgment reserved.

3. The appellant/plaintiff sought recovery of Rs.20 lakhs jointly and severally from the two respondents/defendants, pleading:

(i) that the two respondents/defendants had, vide Agreement to Sell dated 2nd March, 2006, agreed to sell to the appellant/plaintiff a plot of land admeasuring 915 sq. yds. out of Khasra Nos.11/16, 12/20 and 20/1 situated in th