(O R D E R)

By the instant petition filed under Article 227 of the Constitution of India, the petitioners/plaintiffs are questioning the validity of the order dated 25.01.2017 (Annexure-P/1) whereby the trial Court partly allowed the application preferred by the defendants filed under Section

151 of the Code of Civil Procedure.

2. Facts of the case in nutshell are that a civil suit was filed by the plaintiffs/petitioners for recovering the amount of Rs.37,50,000/- along with interest of Rs.13,50,000/-. The claim of the plaintiffs was based upon the fact that defendant No.1 (Rambhuwan Singh) who later on died, entered into an agreement with the plaintiffs and defendant No.2 (Hari Prasad Gupta) and pursuant thereto, an agreement to sale of the land described in paragraph-1 of the plaint got executed on 25.05.2011 on consideration of Rs.7,50,00,000/- and out of the said amount, Rs.50,00,000/- was received in advance in which Rs.42,00,000/- was given in cash whereas Rs.8,00,000/- was given through cheque bearing No.563676 of Union Bank of India by plaintiff No.2 before two witnesses. The said agreement got notarized at Rewa. Out of Rs.50,00,000/- 25% of the amount which came to Rs.12,50,0