Specific Relief Act, 1963–Sec. 12–Civil Jurisprudence–Maintainability of suit–Earlier, the plaintiff had filed the suit for declaration–There is no mention in the earlier suit as regard to alleged agreement of sale–The suit was dismissed as withdrawn and within one month, the present suit for specific performance was filed–Replication was filed by the plaintiff as an afterthought only to cure the lacuna pointed out in written statement–Filing of earlier suit and withdrawal thereof without liberty to file another suit was a material fact which was suppressed by the plaintiff–Held, appellate Court committed error in reversing the well reasoned judgment and decree of the trial Court.
