JUDGMENT :

1. The plaintiff/Ashwani Kumar has filed the present suit for specific performance of an oral agreement to sell property bearing No.E-63, Vasant Marg, Vasant Vihar, New Delhi 110057, measuring 1240 sq. yds. (hereinafter referred to as the “Suit Property”). The four defendants are the owners of the suit property. It is to be noted that summons in the suit had not been issued as Ms.Malavika Rajkotia, learned counsel for the defendant No.1, appearing on advance notice, submitted that the suit was without cause of action and deserves to be rejected. In between, the parties were referred to the Delhi High Court Mediation and Conciliation Centre to enable them to work out an amicable settlement. However, the Mediation Centre reported that the efforts had failed.

2. Mr. Jayant Mehta, learned senior counsel for the plaintiff, submitted that the question of maintainability could be raised by the defendants after the summons and the notice were issued and if necessary, a preliminary issue in this regard could also be framed. There was no occasion to allow the defendants to raise objections to the maintainability of the suit without even the defendants being summoned in this suit. It