JAMINI DAS Vs. HIRENDRA KUMAR SUKLA

JUDGEMENT

(1.) THIS first appeal is at the instance of the plaintiffs in a suit for specific performance of contract and is directed against the judgment and decree dated 7th February, 1995 passed by the Assistant District Judge, Tenth Court, Alipore, district 24-Parganas (South), in Title Suit No. 73 of 1989 by which the said court dismissed the said suit.

(2.) THE case made out by the appellants may be summed up thus:

(3.) BEING dissatisfied, the plaintiffs have come up with the present appeal. After hearing Mr Banerjee, the learned senior advocate appearing on behalf of the appellants and after going through the materials on record, we first propose to consider the question whether the learned Trial Judge was justified in recording the abatement of the entire suit.