Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Second application–Objection of maintainability–Suit for specific performance of the contract–Earlier, the defendants were restrained from alienating as well as creating any charge over the property in question–Order was silent in regard to raising any further construction–Thereafter, the second application was filed in which the averments regarding the earlier application being moved, were made–It cannot be said that the facts were concealed–Trial Court considered the earlier order and subsequent facts–Principle of res judicata does not operate–Held, no case is made out for interference.
