ORDER :

BIRENDRA KUMAR, J.

1. By order dated 10.02.2010 passed in Civil Original Suit No.282/2004 (58/97), the learned trial Judge has rejected the plaint under Order VII Rule 11 C.P.C. Since rejection of plaint is a ‘decree’ as defined in Section 2 of the Code of Civil Procedure, this appeal has been filed under Section 96 of C.P.C. challenging the aforesaid rejection.

2. A brief background of the case is that respondent No.1 herein namely Pushpchand, who was defendant No.1 of the suit entered into an agreement to purchase Khasra No.310 in village Kudi Bhagtasani, District and Tehsil Jodhpur from Original Defendant No.2-Late Kalu Ram @ Kalia and Original Defendant No.3- Late Pabu Ram @ Pabuda, both sons of late Chaila. On agreement not being performed by Original Defendant Nos.2 and 3, the respondent No.1-Pushpchand brought a suit for specific performance of contract vide Civil Suit No.71/1991 on 30.05.1991. During pendency of the suit, the said Kalu Ram sold his share in Khasra No.310 to 63 persons including the appellants on 29.06.1992 and the sale deed was registered on 07.10.1992. The purchasers got mutated in revenue