V.K. Bali, J.-Hansraj the plaintiff-appellant herein was successful in seeking specific performance of an agreement dated 27.02.1982 with respect to a plot of land bearing No. A-16, situated in Janta Colony, Jaipur City. Suit filed against Govind Narain-the defendant-respondent herein, was decreed by the learned Additional District Judge No. 7, Jaipur City, Jaipur vide Judgment and decree dated 10.03.1997. Hansraj, however, was unable to defend the Judgment and decree recorded by the trial Judge as the same was set-aside by the learned Single Judge of this Court in an appeal preferred by Govind Narain. The learned Single Judge vide order dated August 2, 1999 dismissed the suit of the plaintiff-appellant. It is against this order of the learned Single Judge that the present DB Civil Special Appeal No. 71/1999 has been filed under Ordinance 18 of the Rajasthan High Court Ordinance.

2. Brief facts culminating into filing of the present appeal reveal that the plaintiff-appellant (hereinafter to be referred as the plaintiff ) filed a suit for specific performance of an agreement of sale Exhibit-1, said to have been executed between him and defendant on 27.02.1982 with regard to