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The defendants had insisted for altering the terms and conditions for executing the sale deed at the Collector rate, therefore, they cannot be permitted to enforce penalty clause. In respect of aforementioned submissions, he relied upon the ratio decidendi culled out by this Court in Nazam Singh and another Vs. Rakesh Kumar 2012(2) PLR 562.

Even if the appellant-plaintiff had not filed any appeal before the lower Appellate Court for grant of discretionary relief, the same can always be urged in the present appeal by taking the aid of provisions of Order 41 Rule 33 CPC. Before the lower Appellate Court, an application under Order 41 Rule 27 CPC was submitted by the appellant-plaintiff which was essential and necessary for the adjudication of the lis but the same has erroneously been dismissed. There was no breach on the part of the appellant-plaintiff for giving cause to the defendants to forfeit the amount as the defendants also did not appear before the Registrar, thus, urges this Court for setting aside the finding rendered by the lower Appellate Court.