Dipak Misra, J.

1. Pregnability of the judgment passed in First Appeal No. 120/86 by a learned Single Judge of this Court allowing the appeal preferred by the defendant in a suit for specific performance of contract is called in question by the plaintiff invoking the jurisdiction under Clause 10 of the Letters Patent.

2. The appellant herein as plaintiff instituted Civil Suit No. 27-A/81 alleging that on 7-1-1981 the defendant negotiated for sale of suit land through Ramgopal Soni, PW-3. The negotiation was concretised and the terms and conditions were settled between the parties. It was agreed between them that the consideration for the suit land would be Rs. 40,000/- out of which Rs. 10,000/- would be paid as earnest money and the balance would be made good at the time of the registration of the Sale Deed; the cost of execution and registration would be borne by the plaintiff and it was orally agreed by the defendant that he would execute the sale deed after some time as desired by the plaintiff and deliver possession thereof. According to the plaintiff in pursuance of the said agreement he paid Rs. 10,000/- and the defendant acknowledged the same in the agreement (Ex.P.-1)