V.K. Jain, J.

IA No. 9657/2008 (under Order 7 Rule 11 of CPC)

1. This is an application for rejection of plaint on the ground that it does not disclose any cause of action.

2. This is a suit for specific performance of an agreement dated 23rd December, 2005, executed by the defendants, in favour of the plaintiffs, for sale of their undivided share in plot No. 15, Block No. 172, Jor Bagh, New Delhi. It is alleged in the plaint that vide agreement dated 23rd December, 2005, the defendants agreed to sell their undivided one-third share in the aforesaid property to the plaintiff for a total sale consideration of Rs. 3,87,50,000/-. It is alleged that the plaintiff issued a cheque of Rs. 21 lacs to the defendants, which was later replaced by a cheque of Rs. 25 lacs. Initially, the date for making final payment was fixed as 09th January, 2006, but later defendant No. 1, acting for himself as well as on behalf of defendant Nos. 2 to 4, agreed to extend the date and also received a sum of Rs. 25 lacs from the plaintiff. It is also alleged that despite receiving Rs. 25 lacs from the plaintiff, the defendants have been delaying fulfillment of their contractual obligations and have not come forwa