JUDGMENT:

Dr. ARIJIT PASAYAT, J. -- Challenge in this appeal is to the order passed by a learned Single Judge of the Karnataka High Court allowing the Second appeal filed by the respondents under Section 100 of the Code of Civil Procedure, 1908 (in short the 'CPC'). The present respondents are the plaintiffs. They had filed the suit for specific performance of the contract on sale which was decreed by the trial court but was dismissed on the ground of limitation by the first Appellate Court and therefore the Second Appeal was filed.

2. Background facts in a nutshell are as follows:

The plaintiff No.1's husband entered into an agreement of sale of house property No.CTS 2565, Ward No.5, of Mudhol corresponding Municipal No. 536, on 15-11-1974 for consi- deration of Rs.6,000/-. A sum of Rs.1000/- was paid and subsequently two sums of Rs.300/- and Rs.600/- were paid on 21-12-1974 and 13-8-1975. But in the mean time, a suit was filed by the defendant's wife and children in 0. S. No.72/76, wherein the plaintiff's husband was made a party. questioning the agreement of sale, and the suit came to be dismissed on 4-8-1977. The f