Judgment

JUDGMENT :-This appeal by special leave arises against the judgment of the High Court of Allahabad in Second Appeal No. 2385 of 1974 dated September 26, 1979. A suit was filed for the specific performance of the agreement of sale dated January 25, 1969. The total consideration for the contract was Rs. 12,000/- and a sum of Rs. 3,000/- was paid as earnest money. The contract was to be executed within a period of one year thereafter. Instead of executing the sale deed in favour of the appellant, the first respondent started disposing of the properties. He executed a gift deed on February 24, 1969 in favour of the respondents Nos. 2 and 3, who in turn seem to have further alienated the properties in favour of respondent No. 8 and others. All the respondents were impleaded and a suit for specific performance was filed by the appellant. The trial Court decreed the suit and the first appellate court confirmed the same.

2. In the second appeal, the High Court reversed the judgment and decree and dismissed the suit on the main ground that the appellant did not pay sufficient court-fee on the date of presenting the plaint and the deficit was not made good for some time thereafter. It