1. THIS application under Article 227 of the Constitution of India is directed against an order being No.28 dated 19th February, 2010 passed by the Learned Civil Judge, Senior Division, Second Court at Barasat in title Suit No.220 of 2007 by which the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant no.1, was rejected on contest. The said defendant is aggrieved by the said order. Hence the instant application was filed by the defendant before this court.

2. HEARD Mr. Ray Chowdhury, learned Senior Counsel, appearing for the petitioner and Mr. Banerjee, learned Senior Counsel, appearing for the plaintiffs/opposite parties. Let me now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case. The plaintiffs filed a suit for specific performance of contract against the defendants. Various other reliefs were claimed by the plaintiffs in the said suit apart from the relief for specific performance of the contract. The reliefs which were claimed by the plaintiffs in the said suit are as follows:

a) A decree for specific performance of contract in respect of 53% of the land area