The second respondent and his brother Uma Shankar filed a suit for specific performance of the agreements against the appellants in the year On th May Uma Shankar filed an ... application in the pending suit stating that the entire advance of Rs - paid by him and the second respondent has been received back from the appellants by way of a Demand Draft and in addition the second respondent and Uma Shankar received a sum of Rs - by a pay order Therefore Uma Shankar prayed for permission to withdraw the suit