( 1 ). M/s Ashoka Builuers and Promoters and Another filed a suit for specific performance against M/s. Edward Keventer (Successors) P. Ltd and others. This suit relates to a part of the property being land situated at Block 48, Keventor Lane, Sardar Patel Marg, Chanakyapuri, New Delhi. The case of the plaintiffs is that they are entitled to aspecific performance of an understanding between thm and defendants No. I and 2 for carrying on the redevelopment of 25% of the said property in terms of the Memorandum of Understanding dated 22. 6. 1989. In this Suit defendants No. 2 and 3 filed two applications being I. A. No. 12771/92 and 12770/92 under Section 9, Order 2, Rule 2, and Order 7, Rule 11 read with Section 151 Civil Procedure Code for rejecting the plaint as barred by law under Order 2, Rule 2 Civil Procedure Code and defendant No. I took this plea in the written statement filed by it in para No. 4 of the preliminary objections.

( 2 ). The argument advanced by the learned counsel of these applicants/defendants is that on the same alleged facts and alleged cause of action the plaintiffs/respondents had filed Suit No. 594 of 1990 on 26. 2. 1990 for permanent and ma