1. The substantial question of law that arose for consideration, while ordering notice of motion in this Second Appeal, was “Whether the Judgment and Decree in O.S.No.306 of 1986 is a nullity in so far as the plaintiff in the present action is concerned, in the absence of the present plaintiff having not sued for setting aside the decree in O.S.No.305 of 1986?”

2. The first respondent herein filed a suit in O.S.No.315 of 1986 against one M.Muthuswamy now deceased for specific performance of the agreement dated 14-3-1986 by directing the said M.Muthuswamy to execute the necessary sale deed in favour of the first respondent herein by accepting-the balance of sale consideration of Rs.35,000 and hand over vacant possession of the suit schedule property. According to the first respondent, the said M.Muthuswamy, was the sole defendant and after his death and after impleading of the present appellants, as well as respondents 2 to 4, was arrayed as first defendant, entered into the sale agreement dated 14-3-1986, in and by which, the first defendant agreed to sell the suit schedule property to the first respondent herein for a sale consideration of Rs.40,000 by, accepting a sum o