( 1 ) THE appellant above named, has preferred this First Appeal against the judgment and decree dated 30. 10. 1982 recorded by the learned Civil Judge (SD), Bharuch in Special Civil Suit No. 75/80 under which the learned trial Judge dismissed the suit of the original plaintiff for specific performance of the suit agreement. However, the learned Trial Judge granted a decree in favour of the appellant-original plaintiff for the recovery of Rs. 25,000. 00 with interest at the rate of 9% per annum from 9. 6. 1980. The learned trial Judge further directed that the parties shall bear their own costs in the suit. The appellant-original plaintiff filed the aforesaid suit for specific performance of an agreement to purchase the property mentioned in the judgment impugned before this court. The trial court has dismissed the suit as aforesaid and, therefore, the appellant-original plaintiff has preferred this appeal before this court.

( 2 ) THE respondents above named have taken up a preliminary objection against the maintainability of the suit itself. It has been contended in written objections filed by the respondents that the suit was filed by the appellant-original plaintif