ORDER

This case was heard and reserved for orders on 25.02.2025.

2. This Misc. appeal under order 43 Rule 1 ® of CPC has been filed by the appellants/defendants against the order dated 08.10.2024, passed in Civil Suit No. RCS 105A/2024, (Rahul Jain Vs. Padam and others) by 6th District Judge, Damoh.

3. It is submitted that suit was filed for specific performance of contract regarding alleged agreement dated 31.07.2023. The suit property is situated in Village Laadanbagh, Tehsil and District- Damoh. The application under Order 39 Rules 1 & 2 of CPC filed by the plaintiff was allowed. It is also submitted that the agreement dated 31.07.2023 is an unregistered document and changes were made in the agreement without prior taking consent of the appellant, therefore, it was void. The agreement was for six months but balance amount was not paid, therefore, no relief should have been granted on the basis of said document. Therefore, when time is an essence of the contract and payment was not made, then no relief should have been granted. Even otherwise, plaintiff fails to fix show readiness and willingness.

4. Notice was issued to the respondent/plaintiff but they did not appear, inspite of se