Nandlal Untwalia, J.

1. It is unfortunate that this appeal has to fail on a preliminary point. The plaintiffs-respondents first party filed a suit for specific performance of contract of sale by the defendants first party (respondents second party) in favour of the plaintiffs. In this suit the defendants second party (defendants Nos. 2 to 8) were impleaded as the contract was sought to be enforced against them also on the plea that they were subsequent purchasers of the properties in question with notice of the contract in favour of the plaintiffs. The suit was decreed by the trial court and the defendants were directed to execute and register a deed of sale in favour of the plaintiffs on payment of Rs. 77,000 by the latter to the former. Defendant Nos. 2 to 8 filed on 71-48 the present First Appeal No. 17 of 1948. Thereafter two more first appeals were filed. First Appeal No. 37 of 1948 was filed by the defendant first party and First Appeal No. 72 of 1948 was filed by the plaintiffs against such portion of the decree which was against them. The hitter two first appeals have failed for non prosecution on one ground or the other; and we are now concerned with First Appeal N