V.K.Jhanji, J.

1. This is plaintiffs second appeal directed against the judgment and decree of the District Judge, Kapurthala, whereby suit of the plaintiff for possession by way of specific performance of agreement to sell dated 28th September, 1988 has been dismissed. Trial Court had decreed the suit.

2. It has been contended by the counsel for the appellant that the learned District Judge is not justified in dismissing the suit solely on the ground that the suit is barred under Order Rule 2, Code of Civil Procedure. In support of his argument, counsel has referred to judgment of this Court in Smt. Bhagwan Kaur v. Harinder Pal Singh, (1992-1)101 P.L.R 643. He has contended that the cause of action in the earlier suit differs from the present suit which is for specific performance of agreement to sell and therefore, the suit ought to have been decreed.

3. After hearing the counsel for the parties and on going through the judgment in Bhagwan Kaurs case (supra), cited by counsel for the appellant, I am of the view that the appeal has no merit and is to be dismissed. It is true that some of the observations in the judgment cited by the counsel go in favour of the appellant, b