JUDGMENT :

1. This Appeal has been preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the legality and propriety of the judgment and decree dated 11.04.2013 passed in Civil Suit No.20-A/2012 whereby, the trial Court has dismissed the claim holding it to be barred by the principles of res judicata under Section 11 of the CPC. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

2. Briefly stated the facts of the case are that the Plaintiff-Rajinder Singh Ajmani instituted a suit claiming specific performance of contract with regard to the property in question bearing Nazul Sheet No.41 Plot No.86/1 and 2.40 acres situated at Puchpara (Raigarh) by submitting inter alia that it was agreed to be sold by one Bhaguram, the predecessor in interest of Defendant No.1 (Fulkunwar), Defendant No.2-Raghunath (since deceased now represented by his legal representatives namely Phul Bai and others) and Defendants No.3 & 4 (Ku. Asha Chakradhari and Gopi Chakradhari) by executing the agreement to sale dated 21.01.1997 for a consideration of Rs.9,60,000/- upon receiving the earnest amount of