RAJESH KUMAR SINGH Vs. PRATAP SINGH

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard learned Counsel for the appellants.

(2.) THIS appeal has been directed against the judgment and decree dated 24-8-2006 passed by the lower appellate Court whereby the plaintiffs-appellants' appeal filed against the trial Court's judgment rendered in a suit for specific performance of contract and permanent injunction, has been dismissed.

(3.) FROM perusal of the record and the arguments made by the learned Counsel, it appears to be evident that the earlier Suit of 1964 for the relief of specific performance of contract stood decreed by the trial Court in terms of the compromise and a fresh suit for the same relief by the plaintiffs for the same cause of action was rightly found to be a misconceived venture. The plaintiffs had no occasion to come before the Court and pray for that relief of specific performance of contract, which they already had in their possession. The suit for this relief thus, was not maintainable and the learned Counsel has also conceded in this regard.