(1.) Leave granted.
(2.) Challenge in this appeal is to the order of a Division Bench of the Allahabad High Court in First Appeal under Order 41 Rule 1 (r) of the Code of Civil Procedure, 1908 (in short 'CPC').
(3.) Backgrounds facts in a nutshell are as follows: The appellants as plaintiffs filed suit (suit No. 445 of 1999) for three reliefs: