BATAKRISNA Vs. SARADA

JUDGEMENT

(1.) I have already heard the learned counsel for the appellants on the involvement of any substantial question of law for admission of this Second Appeal which arises out of judgment dated 08.09.1995 passed by the learned Civil Judge (Senior Division), Bargarh dismissing Misc. Appeal No. 5 of 1986 arising out of the order passed by the then Munsif, Bargarh in Misc. Case No. 57 of 1985 under Order 21 Rule 58 of the C.P.C.

(2.) THE present respondent No. 1 filed a suit against one Chamara Karan, predecessor -in -interest of respondent Nos. 2 to 7 and four others, including the original appellant, late Batakrishna Dehury, as D -5, for specific performance of contract. The prayer for specific performance of contract was rejected but it was declared that the plaintiff was entitled to get a sum of Rs. 2,450/ - with interest @ 6% per annum from all the defendants including defendant No. 5, the original appellant in this Second Appeal. After his death his L.Rs. have been substituted and arrayed as A -1(a) to A -1(e). The decree was passed on contest against L.Rs. of Chamara Karan as well as D -5 and ex -parte against D -2 to D -4. In that suit issue No. 2 which runs as follows:

(3.) WHILE addressing to the question on res judicata the learned lower appellate court observed as follows: