JUDGMENT

G.N. RAY, J. - Leave granted. Heard learned counsel for the parties.

2. The appeals arising out of Special Leave Petitions (Civil) Nos. 6912 and 6914 of 1994 which have been preferred against the order of the Division Bench of the Calcutta High Court passed on the review application for recalling the order dismissing Appeal No. 619 of 1992 arising out of Suit No. 513 of 1981 instituted in the ordinary original civil jurisdiction of the Calcutta High Court. The appeals arising out of Special Leave Petitions (Civil) Nos. 6254 and 6913 of 1994 are directed against the order passed by the Division Beach of the Calcutta High Court on the review application for setting aside the order passed in Appeal No. 410 of 1992 arising out of the order refusing to grant extension of time to effect amendment of plaint in Suit No. 531 of 1981. For the purpose of appreciating the rival contentions of the parties in these appeals, the relevant facts relating to the aforesaid Suit No. 531 of 1981 and two appeals being Appeals No. 619 and 410 of 1992 arising out of Suit No. 531 of 1981 are to be noted as hereunder.

3. There was an agreement on 21-9-1978, for sale of Property No. 8-A, Burdwan Road, Calcutta for a consideration of Rs. 2 lakh between the plaintiffs and the defendants. The agreement was signed in the office of the solicitors of the defendants-Vendors, namely, M/s. Khaitan & Co. Plaintiff 1 was already in possession of the said property. Pursuant to such agreement the plaintiffs had paid earnest money be cheque on 28-8-1978. On 15-1-1979, a further sum of Rs. 15,000 was paid by Plaintiff 1 by cheque. The Draft Deed of Conveyance was duly approved by the solicitors of the Vendors. The Vendors made an application on 23-6-1980 for permission for sale in favour of the plaintiffs before the authorities under the Urban Land and Ceiling Act. On 1-7-1981, the solicitors of the Vendors, namely, M/s. Khaitan & Co. informed the solicitors of the plaintiffs that the permission to sale had been refused by the authorities under the Urban Land and Ceiling Act. The Vendors, however, transferred the said Premises No. 8-A, Burdwan Road, in favour of M/s. Kabari Pvt. Ltd. after obtaining permission from the Urban Land and Ceiling authority. The plaintiffs, namely, Shivnath Shroff and Others, filed the suit for specific performance of the agreement in the ordinary original civil jurisdiction of the Calcutta High Court being Suit No. 531 of 1981. In the said suit, an application for interim injunction restraining the defendants, namely, the Vendors from dealing with or disposing of the said premises was made and an ad interim order was passed on such application for interim injunction in favour of the plaintiff. On 20-7-1981, the interlocutory application appeared as New Motion when the defendants (Vendors) appeared and submitted before the Court that the said Premises No. 8-A, Burdwan Road, had already been transferred to a third party, namely M/s. Kabari Pvt. Ltd. It was also contended by the defendants that the agreement of sale dated 21-9-1978 in favour of the plaintiffs ceased to exist due to refusal to sell the said property by the authority under the Urban Land and Ceiling Act. The defendants (Vendors) also stated that by four separate deeds of conveyance all dated 6-7-1981, the said premises had been conveyed in favour of the M/s. Kabari Pvt. Ltd. On 8-3-1982, the plaintiffs made an application in the said Suit No. 531 of 1981 for amendment of the plaint seeking to implead M/s. Kabari Pvt. Ltd. and also to effect other amendments in the body and prayer of the plaint. On 1-6-1982, M/s. Kabari Pvt. Ltd. affirmed an affidavit and filed the same in Court. On 9-7-1982, the Court after hearing the parties including M/s. Kabari Pvt. Ltd. allowed the application for amendment of the plaint and the added respondent, namely, the said M/s. Kabari Pvt. Ltd. was restrained from alienating or encumbering the disputed premises. On 14-7-1982, a fresh writ o