Sandeep Mehta, J.

Through this writ petition under Article 227 of the Constitution of India, the petitioners being the legal representatives of late Shri Maganlal Nagda and the defendants before the court below, have approached this Court for assailing the order dated 9.2.2018 passed by the learned Additional District Judge No.1, Udaipur in Civil Original Case No.14/2017 whereby, the application filed by the petitioners under Order 8 Rule 1 and Order 22 Rule 4(2) read with Section 151 C.P.C., was dismissed.

2. Brief facts relevant and essential for disposal of the writ petition are noted hereinbelow.

3. The respondent Shoorveer Singh Choudhary filed a suit against Shri Maganlal and other defendants for specific performance of contract, declaration, injunction and in the alternative, mandatory injunction. It was stated in the plaint that Shri Maganlal sold agricultural land located in the village Girwa to the plaintiff in the year 1997 for a consideration of Rs. 55 lacs, out of which, he received a sum of Rs. 11 lacs at the inception and a further sum of Rs. 90,000/- in cash at a subsequent date. The original agreement was oral and a written agreement was then executed on 27.