Judgement

SIKRI, J.: This appeal by special leave is directed against the judgment and decree of the Full Bench of the High Court of Madhya Pradesh in Civil Special Appeal No. 5 of 1949, and arises out of a suit filed by the appellant, Seth Gulabchand, hereinafter referred to as the plaintiff, against heirs and legal representatives of Seth Govindram Seksaria, on the original side of the High Court of the former Indore State of specific performance of an agreement, dated February 28, 1941, entered into between the plaintiff and the deceased Govindram. Sanghi, J., decreed the suit on June 11, 1948. Against this judgment and decree, the defendants filed an appeal to a Division Bench of the Madhya Bharat High Court and the plaintiff also preferred a cross appeal. The Division Bench accepted the defendants appeal, reversed the judgment and decree of Sanghi, J., and dismissed the plaintiff s suit as also his cross appeal. Thereafter the plaintiff filed an appeal under S. 25 of the Madhya Bharat High Court of Judicature Act, 1949, as it stood before it was amended by Madhya Bharat Act No 3 of 1950. When this appeal came up for hearing before a Full Bench of the Madhya Pradesh High Court,