any right to pursue the litigation. Learned Single Judge accepted contention of the intervenor and recalled her earlier order dated 29.4.2015 by an order passed on 30.4.2015 and held that legal heirs of Plaintiff No. 1 and Plaintiff No. 4 do not have right to sue and the said right does not survive on the death of Plaintiff No. 1 and Plaintiff No. 4. The Appellants are aggrieved by the said order dated 30.4.2015. 4. We are of the view that learned Single Judge has committed an error of law, which is apparent on the face of the record. The Plaintiff has filed the suit for specific performance of an agreement dated 18th July, 1978. Perusal of the said agreement reveals that names of Plaintiffs are mentioned in the agreement and it is clearly stated that Promoters of Pateshwar Co-operative Housing Society Ltd. (proposed) hereinafter called “the purchasers”. It is further clarified that said expression shall, unless it is repugnant to the context or meaning thereof, be deemed to include the survivors of them and the heirs, executors, etc. Whether it is in the context or meaning of the agreement or not will have to be decided during the trial, and at this stage that question cannot be gone into. We are of the view that the order dated 30.4.2015 will have to be recalled and the order dated 29.4.2015 is revived. The Appellants are permitted to bring on record the legal heirs of Plaintiff No. 1 and Plaintiff No. 4. It will be open for the intervenors to contend that these legal heirs do not have any legal right, which is claimed by them, which contention is kept open. Both the appeals, viz. Appeal (L) Nos. 522 of 2015 and 474 of 2015 are allowed and accordingly disposed of.
