Manmohan Sarin, J.

( 1 ) BY this order I would be disposing of the objection to the maintainability of the suit under Order II Rule 2 of the Code of Civil Procedure.

( 2 ) PLAINTIFF has filed the present suit for grant of a decree of specific performance of the agreement dated 4. 7. 1991, in respect of Flat No. 8-2/98/vi, Safdarjung Enclave, New Delhi.

( 3 ) WRITTEN Statement to the plaint has been filed, objecting to the maintainability of the suit. One of the grounds taken is that the plaintiff had earlier filed a suit for permanent and mandatory injunction, bearing No. 54/92, in the Court of Senior Sub-Judge, Delhi on the same facts and cause of action, and with a similar prayer. The said suit had been dismissed as withdrawn on the statement made by the counsel for the plaintiff. The defendant, therefore, contends that the present suit is barred under the provisions of Order II Rule 2 of the Code of Civil Procedure.

( 4 ) WHEN the present suit had come up before the Court on 25. 5. 1992, the question of maintainability of the suit was raised. On 27. 5. 1992, summons were directed to be issued, subject to the question of applicability of Order II Rule 2, CPC.

( 5 ) LEARNED counse

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