JUDGEMENT

2024:BHC-NAG:6545 .Heard.

02]ADMIT.

03]The applicants, who are the original defendants in Special Civil Suit No.1140/2022, have challenged the order dated 26th April, 2023, passed below Exh.19, whereby the learned 14th Joint Civil Judge (Senior Division), Nagpur, rejected the application made by the applicants for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, “CPC”).

04]The non-applicant/plaintiff has been duly served in this application, but he has failed to appear before this Court since long. In this judgment, the parties shall be referred by their nomenclature in the plaint. The plaintiff filed the suit in the year 2022, seeking a decree of specific performance of the contract/agreement dated 21st January, 2009. It is the case of the plaintiff that, as per this agreement, the defendants have agreed to sell the suit property to him for a total consideration of Rs.50,00,000/-. Part consideration was paid on the date of the agreement. The tentative date for execution of the sale deed was 20th January, 2010. It is further case of the plaintiff that during the subsistence of the agreement, an attempt was made by the defendan