B. L. Yadav, J.

1. This is defendants Second Appeal preferred under section 100 of the Code of Civil Procedure.1908 (for short "the Code")arising out of a suit filed by the plaintiffs-respondents for a declaration that the sale deed dated 14-2-1966 alleged to have been executed by Md. Hasan alias Ajju in favour of the defendant-appellant was fraudulent and fictitious, and for a declaration that the compulsory registration of the said sale deed was illegal, and that the order passed under Sec.145/146 of the Code of criminal Procedure, 1973 is not binding on the plaintiffs-respondents and for declaration of title.

2. The plaintiffs-respondents filed Title Suit No.45 of 1975 on 10 7-1975 for the aforesaid reliefs. This plaint was ordered to be returned on 28-8-1978 Against that order of return of plaint the plaintiffs-respondents preferred an appeal and the same dismissed on 4-4-1980. The plaint was taken back from the file on 20-8-1980 and was filed in the Court of the subordinate Judge and thereafter it was numbered as Title Suit No 283 of 1980 There was no explanation offered by the plaintiffs-respondents as to why the plaint was taken back on 20-8-1980, when the appeal was