1 S.B. Civil Misc. Appeal No.387/2009 Smt. Anusuiya Devi & Anr. vs. Rajendra Prasad & Anr. S.B. Civil Misc. Appeal No.387/2009 Smt. Anusuiya Devi and another. vs. Rajendra Prasad and another. Date : 23.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.JK Bhaiya, for the appellants. - - - - - Heard learned counsel for the appellants. In a suit for specific performance of the contract, the trial court dismissed the suit of the plaintiff vide judgment and decree dated 12.11.2008. The appeal was preferred by the plaintiff wherein as per the facts mentioned in the impugned order dated 29.1.2009, with the consent of both the parties, the issue no.3 originally framed was deleted and new issue no.3 was framed. The newly framed issue no.3 is only that whether the defendant no.2 was the bonafide 2 S.B. Civil Misc. Appeal No.387/2009 Smt. Anusuiya Devi & Anr. vs. Rajendra Prasad & Anr. purchaser of the property in question ? According to learned counsel for the appellants, the appellants never gave their consent for deleting the original issue no.3 and for framing new issue no.3. The said plea cannot be entertained in this appeal and the appellants should have approached the court below itself by moving proper application pointing out that they never gave consent for framing of the new issue. In view of the above, this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya