D. K. Seth, J.: This appeal arises out of an order refusing grant of injunction by an Order No.8 dt. 17th January, 1997 passed in Title Suit No. 135 of 1996 by the learned Assistant District Judge, 10th Court, Alipore.

1.2. The facts of the case, briefly put, are that the plaintiff had sought for specific performance of an agreement dated 22nd May, 1995, entered into between the plaintiff and the defendants, for construction of a 3-storeyed building by the plaintiff on a piece of land belonging to the defendants. Pursuant to the said agreement, the plaintiff obtained sanction of the plan from the Calcutta Municipal Corporation on 16th February, 1996. On 18th March, 1996, the plaintiff had applied for registration as Promoter under the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, which came into force on 8th August, 1995. On 10th April, 1996, the plaintiff undertook to file the registered agreement for grant of registration under section 3 of the said Act. Subsequently, on 2nd May, 1996, the plaintiff sought to withdraw her application for registration. Thereafter, on 9th September, 1996, the plaintiff sought to cancel her