D.C. Srivastava, J. - (1.) This is defendants' second appeal.
(2.) The brief facts are that plaintiff Mohammad Siddique filed a suit against the defendant Rahimuddin for specific performance of agreement to sell. The trial court dismissed the suit. An appeal was preferred, which was allowed. The appellate court reversed the judgment and decree of the trial court and decreed the suit. It is, therefore, this second appeal.
(3.) At the time of admission of this appeal, only two questions of law were formulated. The first was whether the suit was premature and the second was whether the above plea of the suit being premature, which was not taken in the written statement, can be raised in the second appeal.;