JUDGMENT :

NISHA M. THAKORE, J.

1. The present appeal is filed by a partnership firm through his administrator partners who were the original plaintiffs in Special Civil Suit preferred by them seeking specific performance of agreement to sell as well as for declaration and permanent injunction in respect of the suit land. The learned Civil Judge while entertaining the application preferred by the present respondents – original defendants at Exh.22, under Order-VII Rule-11(a)(d) of the Code of Civil Procedure, has consequently rejected the suit by order dated 18th January, 2024 passed in Special Civil Suit no.102 of 2021.

2. In nutshell the averments made by the original plaintiff firm, in the plaint are as under :-

2.1 The old tenure land bearing revenue survey no.1 of Mouje Udera, sub-district District Vadodara is of joint ownership of the defendants (hereinafter referred to as the suit land). The aforesaid land was admeasuring 3136 sq. mtrs. and fall within the residential zone of GUDA. The defendants herein were in need of financial assistance and had therefore, approached the plaintiff firm to sell the aforesaid suit land. The plaintiff on the other hand intended to purchase the su