JUDGMENT

Bharucha, J.-This appeal stands referred to a Bench of three Judges because the two learned Judges who heard it earlier found difficulty in following the judgment of a Bench of two learned Judges in Jugraj Singh & Anr. v. Labh Singh & Ors.1.

2. It is not necessary to go into any great detail insofar as the facts are concerned. The appellants before us are the legal representatives of a subsequent purchaser of certain property. They were defendants to a suit by one Bachna for specific performance of an earlier agreement to sell that property to her. She had not pleaded in her plaint that she was ready willing to perform her part of the agreement, but that plea was later introduced by way of an amendment. The question now is in regard to whether she or her legal representatives were, in fact, at all material times ready and willing to perform their part of that agreement. The first appellate Court declined to permit the present appellants to plead and contend that Bachna and her legal representatives were never prepared to perform their part of the agreement and, for this purpose, it relied upon the judgment of this Court in the case of Jugraj Singh. The High Court, in second