Specific Relief Act, 1963–Secs. 34 & 38–Suit for permanent injunction–Ex-parte decreed–Appeal before High Court–Both the parties claimed the right to suit property by virtue of sale deeds in their favour–High Court dismissed the appeal, however, app- ellant was given liberty to file fresh suit–Whether proper ?–Held, no–Matter was required to be remanded back to trial Court for deciding afresh–Directed accordingly.


