1. A brazen violation of the statutory provisions prompts me to set aside the judgment in a suit in exercise of the jurisdiction under Article 227 of the Constitution of India especially since no assessment of evidence is involved. I am resorting to this course fully conscious that the judgment is open to an appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (CPC for short).

2. The suit was one for specific performance of an agreement for sale dated 09.07.2004 of about 9 cents of land for a total consideration of `15,50,000/-allegedly entered into between the plaintiff and the first defendant. There was also an alternate prayer for return of the advance amount of 5,00,000/-allegedly paid by the plaintiff to the first defendant on the date of agreement. The first defendant totally denied the execution of the agreement and also the receipt of any amount as advance pursuant thereto in the written statement filed in the suit. The specific case of the first defendant was that blank signed papers given by him to the plaintiff while availing a loan of 5,00,000/- had been misused to fabricate the agreement for sale.

3. Neither the plaintiff no