( 1 ) THE plaintiff appellants preferred this C. M. A. against an order of the subordinate Judge, Guntur, returning the plaint in C. F. R. No. 11515 of 91 (Unnumbered Original Suit) with a direction to deposit the balance sale consideration or purposes of entertaining the suit for specific performance of the agreement of sale.

( 2 ) THE brief facts relevant for the present purpose are: On 10-12-1990 the defendant respondent executed an agreement of sale in respect of plaint a schedule properties in favour of the plaintiffs for a total consideration of rs. 6,40,000/- and received on the very same day an amount of Rs. 50,000/- (Rs. 25,000/- in cash and the balance of Rs. 25. 000/- through cheque) towards advance purchase money agreeing to execute the regular sale-deed in the names of the plaintiffs or their nominees. Subsequently, the plaintiffs also paid Rs. 90,000/- on 22-12-90 and Rs. 20,000/- on 20-4- 91. They also made arrangements for payment of the balance through the Life Insurance corporation of India and that in fact the LIC had sanctioned a loan of rs. 3,10,000/- to the 1st plaintiff and Rs. 1,70,000/- to the 2nd plaintiff. Inasmuch as the defendant was