RAKESH SHARMA, J. - (1.) HEARD Mr. R. S. Tripathi, learned counsel for the appellants and Mr. Umesh Kumar Srivastava, learned counsel for the contesting respondents.
(2.) IN the present case, both the courts below-trial court and the first appellate court have recorded concurrent findings of fact that the agreement to sale was not executable because of subsequent developments. It is noteworthy that no substantial questions had been framed by the Court, while entertaining the appeal on 27.10.1980. The appeal is yet to be admitted for proceeding further. The appeal was filed after much delay and the same was time barred. This appeal was dismissed for non-prosecution on 24.9.2003 and on 5.3.2008, on the application submitted by the appellant, the appeal was restored and the same was ordered to be listed for admission.
(3.) THIS second appeal, assailing the judgment and decree dated 24.11.1979, passed by the IVth Additional District Judge, Unnao in R.C.A. No. 17 of 1978, Lala and others v. Ram Swaroop, arising out of the judgment and decree dated 6.12.1977, passed by the Civil Judge, Unnao in R.S. No. 27 of 1975, Surendra Kumar and others v. Ram Swaroop and others, dismissing the plaintiff-appellant's claim for specific performance of contract to sell the land, was presented before this Court for admission on 27.10.1980. There was deficiency in court-fees, as reported by the Stamp Reporter and the same was made good on 28.10.1980. After long time, this appeal has come up for hearing on admission today.;