I.P.MUKERJI,J. - (1.) The plaintiff has filed this suit claiming specific performance of their agreement with the first defendant for sale of interalia an immovable property. The first defendant has transferred this property to the fourth defendant.
(2.) The plaintiff seeks an order of injunction against the fourth defendant from dealing with the property. The principal questions involved in this application as urged upto now are: whether the fourth defendant can be called an innocent purchaser, without notice of the contract between the plaintiff and the first defendant?, whether under Section 91 of the Indian Trust Act, 1882 the fourth defendant can be called a trustee for the plaintiff and an order of injunction made restraining them from dealing with the said property?
(3.) At the stage when Mr. Bimal Kumar Chatterjee, learned Senior Advocate for the plaintiff had almost completed his arguments in support of the application, Mr. Pratap Chatterjee, learned Senior Advocate for the first and second defendants submitted that the Advocate-on-Record for his clients have been changed and that he had no instruction at the beginning of the argument whether the affidavit-in-opposition on behalf of his clients had been filed. Then, he realized that the affidavit had not been filed. It may be noted that the fourth defendant has filed their affidavit.;