( 1 ) THIS appeal is by the plaintiff, a registered partnership firm Shri Lalan agency against the order dismissing notice of motion dated 4. 9. 1997 in Regular Civil Suit no. 2945 of 1995, pending in the Court of City Civil Judge at Ahmedabad.

( 2 ) THE plaintiff filed the suit alleging that it is engaged in the business of constructing, organising, developing and buying and selling of and all other dealings in connection with lands, buildings and other kinds of real estate. In the month of August 1993, Shri Kamlesh Parikh, who is an authorised representative of the plaintiff firm and looking after the business of the firm on being approached by one broker Shri Ramesh M. Gadhvi entered into an oral agreement to purchase with the defendant, who is the owner of the property situated in Gulbai Tekhra, Ahmedabad bearing Plot No. 634 in Town planning Scheme No. 3/6 situated in Kochrab area at Ahmedabad.

( 3 ) ACCORDING to plaint assertions it was agreed between the parties that the said property comprising land admeasuring 1746 sq. mts. (2088 sq. yds) together with construction of Jyotirdip Bungalow therein be sold by the defendant to the plaintiff or its nominee at the ra