( 1 ) LEAVE granted.

( 2 ) THE defendant-respondent entered into a contract to sell a plot of land situated in an urban area in favour of the plaintiff-appellant who filed a suit for specific performance which has been dismissed by the High Court as barred by Or. 2 R. 2 of the Code of Civil Procedure, 1908. The appellant sought for a review of the judgment. The review petition too has been dismissed. These two appeals by special leave are directed against the two judgments respectively dismissing the appeal and the review petition.

( 3 ) IT appears that initially the plaintiff-appellant apprehending that the subject-matter of the contract was likely to be alienated in favour of a third person, filed a suit for permanent injunction restraining the defendant from alienating the suit property in favour of anyone other than the plaintiff-appellant. The suit came up for hearing before the trial court on 15/6/1994 on which date the court made a record of the statement made before it by the plaintiff-appellant as under:

"it is stated that I do not wish to continue with this suit, which may be permitted to be withdrawn with liberty to file fresh suit. "

( 4 ) THE abovesaid statement having b