H.R. Panwar, J.-This appeal is directed against the order dated 24-5-2001 passed by Additional District Judge, Anupgarh (hereinafter referred to as ‘the trial Court’) whereby the application filed by the appellants under Order 39 Rules 1 and 2 read with Section 151, C.P.C. was dismissed. Aggrieved by the order impugned, the appellants have filed this appeal under Order 43, Rule 1 (r), C.P.C.

2. I have heard learned Counsel for the parties. Carefully perused the order impugned.

3. Briefly statedfacts to the extent they are relevant and necessary for decision of this appeal are that plaintiff-appellants filed a suit for specific performance of agreement before the trial Court stating therein that respondent No. 1 Mahal Singh agreed to sell the land in question to the appellants for a consideration of Rs. 1,50,000/-on 5-3-1986. since 1996, the appellants are requesting respondent No. 1 Mahal Singh to execute the sale deed in their favour but respondent No. 1 has been avoiding and ultimately refused to execute the sale deed for the land in question.

4. An application under Order 39, Rules 1 and 2 read with Section 151. C.P.C. was filed by the appellants before the trial Court s