S U BUILDER ALLAHABAD Vs. BHARTESH CHANDRA JAIN

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard Sri Vishnu Gupta, learned Counsel for the appellants and Sri Rahul Sahai for the respondents. With the consent of the parties' Counsel, this appeal is being finally heard and decided.

(2.) THE appellants challenge the order dated 25-7-2006 whereby the Court below has allowed a review petition under Order XLVII, Rule 1 C. P. C. and has reviewed the order dated 16-7-2002 (Annexure-3 to the appeal) and it has been held that Suit No. 550 of 1998 is maintainable also for the second relief claimed by the plaintiffs therein.

(3.) IN reply to the aforesaid facts, the learned Counsel appearing for the opposite parties has tried to stress upon the fact that even though the plaintiff has filed the suit in his individual capacity, relief No. 2 was wholly permissible for being decreed in his favour in view of the fact that under the agreement as stated in para 8 of the plaint, the plaintiff was to receive certain percentage of the payments out of total amount paid by the defendant No. 1 and if the defendants No. 2 to 6 were creating certain impediments in that by conniving with defendant No. 1, the suit of the plaintiff in individual capacity was wholly competent.