( 1 ) THIS petition under Art. 226 of the Constitution of India is directed against the order dated 18th March, 1988 (Ann. 6), 14-04-88 (Ann. 8), 24-12-87 (Ann. 5) and 20-5-77 (Ann. 3), passed on the objections taken by the judgment-debtor, the petitioners, in execution proceedings in a suit filed by respondent No. 1 for specific performance of the contract which was decreed and the decree became final against the petitioners.

( 2 ) THE aforesaid decree was put in execution by respondent No. 1. The petitioners, judgment- debtors filed objections under S. 47 of the Civil P. C. (for short the Code) stating that the suit was barred by S. 16 (c) of the Specific Relief Act, 1963 (for short the Act), as the plaintiff-respondent No. 1 did not allege in his plaint that he was ready and willing to perform his part of contract. Hence the suit could not have been decreed and the decree itself was without jurisdiction and nullity, hence the execution application could not be allowed.

( 3 ) RESPONDENT No. 1, however, refuted the objections raised by the judgment-debtor and alleged that sufficient allegations required for a suit for specific performance of the contract, were made