Counsel for both the parties heard finally.

2. Appellant has preferred this present Misc. Appeal under Order 43 Rule 1(f) of CPC being aggrieved by the impugned order dated 13.09.2023 passed by the 23rd ADJ, Indore in Civil Suit No.53A/2016, whereby an application filed by the appellant / plaintiff under Order 11 Rule 21 has been rejected.

3. Brief facts of the case are that appellant / plaintiff has preferred a suit for specific performance of contract and declaration of sale deeds executed by defendant Nos.1 to 4 in favour of defendant No.5 as not binding upon the plaintiff and for declaring the said sale deeds null and void. Appellant has filed an application under Order 11 Rule 14 of CPC and another application under Order 11 Rule 12 of CPC both have been allowed by the trial Court. Then, appellant filed another application under Order 11 Rule 21 of CPC and same has been dismissed by the Court below. Being aggrieved by the same, this Misc. Appeal has been filed. 4. Counsel for the appellant contended that the defendant No.5 had not complied with the order passed by the Court below for the said declaration and affidavit has been filed by Sanjay Thakur, who is foreign