1. This first appeal under Section 96 of the Code of Civil Procedure,1908 (CPC) impugns the judgment and decree dated 16th September, 2015 of the Court of District and Sessions Judge (North) Rohini Courts, Delhi of dismissal, on a preliminary issue as barred by Order II Rule 2 CPC, of CS(OS) No. 69/2014 filed by the appellant/plaintiff for (a) specific performance of an agreement of sale of immovable property; (b) injunction restraining the respondent/defendant from dispossessing the appellant/plaintiff from the said property; and, (c) injunction restraining the respondent/defendant from creating third party interest in the said property.

2. The appeal came up before this Court first on 27th November, 2015 when notice thereof was issued. Thereafter on 29th April, 2016, the following order was passed.

“1. The appeal impugns the judgment and decree of dismissal of a suit for specific performance of an agreement to sell of immovable property as barred by Order II Rule 2 of the Code of Civil Procedure, 1908.

2. Notice of the appeal was issued and the Trial Court record requisitioned.

3. Though the notice is reported to have been served but none appears for the respondent.

4. Thou