MUNNI BABU Vs. KOER KAMTA SINGH

JUDGEMENT

(1.) This is an application for revision of a judgment of the Small Cause Court at Agra.

(2.) The suit was brought by the plaintiff for the purpose of recovering a sum of Rs. 200 which he had paid as earnest-money in the following circumstances: On the n October, 1915 the plaintiff had entered into a contract with the father of the defendants for the sale of certain property. Afterwards, the plaintiff sued, the father of the defendants for specific performance of the contract. That suit was dismissed finally by a judgment of this Court. The plaintiff now brings the present suit for recovery of the earnest-money paid. The father having died in the meantime the suit was brought against the sons.

(3.) Two pleas were raised in the Court below in order to defeat the plaintiff's claim. It was argued in the first place that the suit was barred by the provisions of Order II, Rule 2 of the Civil P. C.. The lower Court overruled this plea and, in my opinion, rightly.