Bhaskar Bhattacharya, J.

1. This first miscellaneous appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against Order No. 10 dated 28th April, 2007, passed by the learned Civil Judge, Senior Division, Second Court, Barasat in Title Suit No.2 of 2007 thereby dismissing an application under Order 39 Rules 1 and 2 of Code of Civil Procedure filed by the plaintiff.

2. Being dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.

3. The appellant before us filed in the Trial Court a suit being Title Suit No.2 of 2007 for specific performance of contract against the respondents. In that suit, the Urban Development Department, Government of West Bengal, was made proforma defendant. The case made out by the plaintiff may be summed up thus:

a) The defendant Nos. 1 and 2, as owner of the property described in the schedule of the plaint, entered into an agreement for sale on 30th August, 2005 with the plaintiff which is an industrial plot measuring 5.47918 cottahs for a price of Rs. 54,00,000/- and took a sum of Rs. 5,00,000/- as earnest money and advance out of total consideration of Rs. 54,00,000/-.

b) The