( 1 ) IN this suit filed by the plaintiff for specific performance, declaration and cancellation of documents and permanent injunction, rendition of accounts, the plaintiff has filed IA No. 7410/2005 under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure (CPC) seeking ad interim injunction. Vide order dated 20th September, 2005, ex-parte injunction was granted to the plaintiff in this application. Aggrieved by this ex-parte injunction order, the defendant No. 1 has filed IA No. 9273/2005 under Order XXXIX Rule 4 cpc praying for vacation of the aforesaid injunction order. According to the defendant No. 1, suit filed by the plaintiff against the defendant No. 1 is without any cause of action and further even the requisite court fee has not been affixed. On this premise, the defendant No. 1 has filed another application i. e. IA No. 9274/2005 under Order VII Rule 11 read with Section 151 CPC for rejection of the suit against the defendant No. 1. All these applications were heard together and I propose to dispose of the same in this common order.

( 2 ) INJUNCTION order dated 20th September, 2005 would give a glimpse of the plaintiffs case. The operative portion o