Alok Singh, J.

1. In the present petition, defended - petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 16.11.2006 passed by the Civil Judge, Junior Division, Chandigarh, whereby the trial Court has held that the suit filed by the plaintiff - respondent is not barred by Order 2 Rule 2 CPC.

2. Brief facts of the present case are that an agreement to sell was executed between the parties on 25.1.1988. In the agreement to sell, following terms and conditions were settled between the parties: -

"i) That the sale price of the above said house has been fixed as Rs. 18,50,000 (Rupees Eighteen lacs fifty thousand only).

ii) That the above said purchaser has paid a sum of Rs.50,000/- (Rupees fifty thousand only) i.e. Rs.25,000/- vide cheque No.247019 dated 25.1.1988 payable at Canara Bank, Sector 17-C, Chandigarh and Rs.25,000/- vide cheque No.247021 dated 25.1.1988 and the above said seller acknowledges its receipt.

iii) That the last date for completion of the bargain has been fixed as 25.6.1988, which can be mutually extended with the consent of both the parties, if necessary.

iv) That the price of the abov