JUDGMENT

Manoj Bajaj, J. - CM-2756-57--C-2020

1. These applications have been filed under Section 5 Limitation Act, 1963 and Section 151 CPC for condonation of delay of 43 days in filing as well as 03 days in re-filing the appeal.

2. Heard.

3. For the reasons mentioned in the applications, same are allowed and delay of 43 days in filing as well as 03 days in re-filing the appeal is condoned.

4. Applications stand allowed.

Main case

5. Plaintiff (appellant) is aggrieved against the judgment and decree dated 09.08.2019 passed in civil appeal No.549 dated 22.12.2017, by the first appellate court, whereby it has affirmed the judgment and decree dated 09.11.2017 passed in civil suit No.104 of 07.05.2013, dismissing his suit for specific performance of contract, along with declaration to challenge sale deed No.1037 dated 20.06.2011 executed by defendant Nos.1 to 3 in favour of defendant No.4.

6. Briefly, the facts of the case are that father of defendant Nos.1 to 3, namely, Kapur Singh was owner in possession of the suit land measuring 02 marla comprised of khata No.229/376 khasra No.46//19/9/8 (0-2) situated at village Arakwas, Tehsil Lehra. After the death of Kapur Singh on 30.12.1987, defenda