Dr. D.Y. Chandrachud, J.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion that was taken out by the Appellant, the original Plaintiff, during the pendency of a suit for specific performance. The reliefs that were sought in the motion were: (i) The rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908; and (ii) A direction to relieve the Defendant (the First Respondent) from lispendens. By the judgment and order which is questioned in appeal, the learned Single Judge declined to accede to the prayer under Order 7 Rule 11. That part of the judgment has not been questioned in appeal by the First Respondent. However, the learned Single Judge relieved the First Respondent from the operation of lispendens under Section 52 of the Transfer of Property Act, 1882 on the deposit of an amount of Rs.8 lakhs in Court within six weeks. The Plaintiff is in appeal.

2. The Appellant has instituted a suit for specific performance and sought a declaration that there was a binding and concluded contract between the parties for the assignment/sale of certain immovable property described in Exhibit-A to the Plaint “as is