O R D E R

Concurrent findings entered into by the Additional Sub Court-III, Kozhikode in I.A.No.583 of 2018 in O.S.No.859 of 2012 and in C.M.A.No.39 of 2019 of the Additional District Court-I, Kozhikode are under challenge at the instance of the defendant No.2 in O.S.No.859 of 2012.

2. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the plaintiff in the above suit who is the respondent herein.

3. In this case, originally suit was filed in the year

2012 with a prayer to execute an agreement for specific performance of contract alleged to be executed by the first defendant for and on behalf of himself as well as for the second defendant. Thereafter, defendant was set ex-parte on 28.02.2013. Subsequently, second defendant filed I.A.No.162 of 2015 to set aside the ex-parte decree along with the delay petition I.A.No.161 of 2015 to condone the delay of 649 days in filing I.A.No.162 of 2015. The learned trial court allowed both applications and the ex-parte decree was set aside. It was thereafter, after framing issues, the case was listed for trial on 08.12.2015. On that day, defendants were absent and they were set ex-parte. Plaintiff was examined