Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement---Trial Court decreed the suit which was confirmed in appeal but none of the two s could be said to be speaking orders containing reasons for conclusion arrived at by the said Courts---Question raised before Court of was question of law which could have been raised in first in second appeal and had to be decided in the light of after properly appraising the same---No reading and evidence was available on record at all by any of the two Courts---Case was remanded back to Trial Court by the High Court to decide afresh after framing additional issues and affording parties opportunity to produce. evidence on those issues and to decide matter according to law. (b) Civil Procedure Code (V of 1908)--- ----O. 1, Rr.2 & 10---Impleading of party---Fresh institution of suit against such added party---Suit against added party was to be deemed to have been instituted only when it was impleaded. JUDGMENT On 3-2-1982 the respondents Nos. 1 to 3 filed a suit against the appellant No.2. In the plaint it was stated that the appellant No.2 and his brother respondent No.4. had agreed to sell the suit-land described in the head note of the plaint to the respondents Nos. l to 3 (hereinafter to be referred as plaintiffs). The consideration was settled as Rs:1,81,000: A sum of Rs.36,000 was paid as earnest money and agreement was executed on 27-7-1980 and possession was delivered. Thereafter, Rs.30,000 were received by appellant No..' on 30-9- 1981 against receipt and balance amount was to be paid by 3I-3-1981 when a sale-deed was to be registered that the plaintiffs approached the appellant No.2 and his brother calling upon them to perform their part of agreement but they did not turn up before the Sub-Registrar, Bhakkar, who issued a certificate to the effect, `that thereafter the plaintiffs convened a Jirga when appellant No.2 and his brother were paid a sum of Rs.1,00.000 out of the balance amount of 'the consideration on 10-10-1981; that both the brothers received the amount in equal share and promised to complete sales within two days; that on 12-10-1981 on the demand of the…

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