( 1 ) THE plaintff appellants preferred this miscellaneous appeal against the order dated 24-9-91 of the Subordinate judge Guntur returning the plaint in CFR no. 11515 of 91 (Unnumbered Original suit) with a direction to deposit the balance sale consideration for purposes of entertaining the suit for specific performance of the agreement of sale.

( 2 ) THE brief facts relevant for the present purpose are : On 10-12-90 the defendant respondent executed an agreement of sale in respect of plaint a schedule properties in favour of the plaintiffs for a total consideration of Rs. 6,40,000/ and received on the very same day an amount of Rs. 50,000/- (Rs. 25,000/- in cash and the balance of Rs. 25,000/- through cheque) towards advance purchse money agreeing to execute the regular sale deed in the names of the plaintiffs or their nominees. Subsequently the plaintiffs also paid Rs. 90,000/- on 22-12-90 and Rs. 20,000/-on 20-4-91, they also made arrangements for payment of the balance through the Life Insurance corporation of India and that in fact the lic had sanctioned a loan of Rs. 3,10,000/- to the 1st plaintiff and Rs. 1,70,000/- to the 2nd plaintiff. Inasmuch as the de