1. The present revision petition has been filed under Section 115 of CPC by the petitioner-decree holder, challenging the order dated 07.08.2004 passed by the Civil Judge (S.D.) Dholpur (hereinafter referred to as the trial court) in Civil Misc. Application No. 18 of 2002, whereby the trial court has dismissed the application filed by the petitioner under Section 28 of Specific Relief Act (hereinafter referred to as the said Act) read with Section 148 of CPC.

2. The short facts giving rise to the present petition are that the petitioner had filed the suit being No. 187 of 1993 seeking specific performance of the agreement allegedly executed by the respondents-defendants in favour of the petitioner. The said suit was decreed ex-parte against the respondent No.1-defendant No.1 vide the judgment & decree dated 07.10.1993. The said decree was sought to be set-aside by the respondents by moving an application before the trial court, however the said application was dismissed vide the order dated 04.12.1996. Being aggrieved by the said order, the respondents had also filed the misc. appeal in the court of Additional District Judge, Dholpur, however the said appeal was also dismi