This First Appeal under section 96 of Civil Procedure Code has been filed against the judgment and decree dated 18-10-2000 passed by District Judge, Sheopurkalan, in Civil Suit No. 5-A/1992.

2. A preliminary objection has been raised by the Counsel for the respondent No. 1 to the effect that this appeal has abated and it was prayed that instead of considering the appeal on merits, the question with regard to abatement of appeal may be decided first. Accordingly, by this order, the preliminary objection of abatement of appeal is being decided.

3. The necessary facts for the disposal of the preliminary objection in short are that the respondent No. 1 initially filed a suit for declaration and injunction against Kishorilal and others. However, during the pendency of the Civil Suit, Kishorilal, executed a sale deed in favour of the appellants No. 2 and 3 and accordingly, the plaint was amended and not only the appellants No. 2 and 3 were impleaded as defendants, but a relief of specific performance of contract was also incorporated.

4. It is the case of the plaintiff/respondent No. 1 that Kishorilal had executed an agreement to sell the house in dispute (in short “disputed prope