( 1 ) THIS appeal by Sanjay Tandon, plaintiff-appellant, is directed against the order dated November 21, 1996 of learned Single Judge whereby No. 879/96 filed by him under Order XXXIX Rules 1 and 2 read with Section 151 Civil Procedure Code was dismissed.

( 2 ) SUIT has been filed by the appellant, inter alia, alleging that Sarabjit Singh, defendant respondent No. 1, is the owner of the property bearing No. A-196, Defence Colony, New Delhi and he was interested to dispose of the property. As respondent No. 1 is residing in USA, by executing a Special Power of Attorney dated September 30, 1995, he appointed Bhupinder Singh defendant-respondent No. 2, as his attorney. It is alleged that respondent No. 2 entered into an agreement to sell dated October 25, 1995, with the appellant. Under this agreement to sell the aforesaid property A-196 was agreed to be sold for a consideration of Rs. 45 lacs, out of which a sum of Rs. 5 lacs was paid by the appellant as earnest money through Pay Order No. 186395 dated October 24, 1995, in favour of respondent No. 1 which was duly encashed by him. It is further alleged that towards the balance sale consideration Rs. 17,50,000. 00 wer