1. - Petitioner-plaintiff has laid this petition under Article 227 of the Constitution of India to challenge the impugned order dated 30.09.2015 (Annex.8) passed by the learned District Judge, Udaipur (for short 'the learned court below') whereby learned court below has rejected the application of the petitioner-plaintiff under Order 14, Rule 5 read with Section 151 CPC with cost of Rs. 2,000/-.

2. There is a checkered history of the case but for convenience the facts in brevity are that petitioner-plaintiff filed a suit for specific performance of contract against the first respondent and further a relief was craved for possession of the property. Yet another prayer was made seeking direction against all the respondents to execute registered instrument of sale in his favour for the consideration amount of Rs. 7,25,000/- which was mentioned in the agreement to sale. The learned court below issued summons to the respondents-defendants and none appeared for the respondents. Therefore, ex parte proceedings were taken against them and finally ex parte decree was passed by the learned court below on 22.11.1994. Against the ex parte judgment and decree of the learned court below