M.R. Shah, J.

Admit. Shri Amit Thakkar, learned Advocate waives service of notice of Admission on behalf of the contesting respondent No.4. In the facts and circumstances of the case and with the consent of learned Advocates appearing for respective parties, present First Appeal is taken up for final hearing today.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.11.2017 passed by the learned Judge, Commercial Court, Vadodara (hereinafter referred to as "learned Commercial Judge") below Exh.49 in Commercial Civil Suit No.44/2017 by which the learned Judge has allowed the said application submitted by the original defendant No.4 and has rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), the original plaintiff has preferred the present First Appeal.

3. The facts leading to the present First Appeal in nutshell are as under:

3.1 That the appellant herein original plaintiff has instituted the Commercial Civil Suit No.44/2017 in the Commercial Court, Vadodara for seeking the relief of specific performance of the Memorandum of Understanding dated 09.09.2004 (hereinafter refer