( 1 ) THIS appeal has been preferred against the order passed on 07/01/2000 by learned Single Judge allowing the respondent s application (IA. 6510/99) for rejection of plaint and thereby dismissing the suit of the plaintiff/appellant.

( 2 ) FACTS in brief are that on 17/05/1999 the appellant filed a suit claiming decree against the respondent for specific performance of the contract or in the alternative for recovery of damages. The prayer clause reads:-

"pass a decree in favour of the plaintiff and against the defendant directing the defendant to specifically perform the contract in the purchase order bearing No. 2093 dated 16/11/1998 for purchase of 6060 pieces of ladies garments of style No. 5523-RY 3d and further direct the defendant to take delivery of the same from the plaintiff against payment of US $ 40. 299 (US Dollar Forty thousand two hundred and ninety nine), or in the alternative if this Hon ble Court comes to the conclusions that specific performance is not to be decreed, to pass a decree against the defendant for damages in lieu of specific performance of US$ 40. 299 (US Dollars Forty thousand two hundred ninety nine) together with interest at 24% per b