( 1 ) OUT of six issues framed on 27th January, 2000, Issues 1 and 5 which were treated as preliminary issues, are as under:

>" (1) Whether the present suit is barred under Order II, Rule 2, Civil Procedure Code by virtue of a previously instituted suit for injunction in the District Courts having been dismissed ? OPD (5) Whether the specific performance of the contract cannot be granted in view of the specific stipulation in the contract providing for forfeiture of the earnest money paid by the purchaser and seller s liability to pay double the earnest money in case of refusal to complete the bargain ? OPD"

ISSUE No. 1: It is admitted case of parties that the plaintiff before instituting this suit had filed Suit No. 673/89 which was dismissed in default under Order IX, Rule 8, Civil Procedure Code on 28th September, 1992. Application filed under Order 9, Rule 9 and Section 151, Civil Procedure Code by the plaintiff for setting aside that order was dismissed in default on 3rd April, 1995. Application filed for restoration of the said application was also dismissed in default on 12th August, 1997.

( 2 ) SUBMISSION advanced by Mr. H. L. Narula for defendant was that the pres