Rajiv Sahai Endlaw, J.

1. The following issue, of the issues framed on 05.07.2011 in this suit for specific performance of an Agreement of Sale of immovable property and for permanent injunction restraining the sole defendant from transferring, alienating or encumbering the property and in the alternative for compensation and, ordered to be treated as a preliminary issue, is for adjudication:

“Whether the suit is barred in view of Order 2 Rule 2 (3) of the Code of Civil Procedure? OPD”

2. Arguments were heard on 06.03.2014. However neither counsel cited the recent judgment of the Supreme Court in Virgo Industries (Eng.) Pvt. Ltd. Vs. Venturetech Solutions Pvt. Ltd. (2013) 1 SCC 625. After inviting attention of the counsels thereto, again opportunity was given to the counsels to make their further submissions if any after studying the said judgment and after further hearing, orders were reserved.

3. The plaintiff has filed the present suit on 26.05.2009, pleading:

(i) that the defendant, vide Agreement to Sell dated 18.11.2006, agreed to sell, the first floor of property No.3, Road No.5, situated at Punjabi Bagh Extension, New Delhi and which property was then under co