Mr. Raj Mohan Singh, J.:- Petitioner has assailed the order dated 29.09.2015passed by Civil Judge (Junior Division), Gurgaon vide whichapplication under Order 7 Rule 11 CPC filed by the petitioner inCivil Suit No.48NK dated 08.02.2015 titled S. Harjinder Pal SinghVs. Narinder Nangia and another was dismissed.

2. Plaintiff filed a suit for specific performance,possession and permanent injunction. The suit was filed on08.02.2012. Para Nos.29 and 30 of the suit are to the followingeffect:-

“29. That it is submitted that the plaintiff has been alwaysready and willing and is still ready and willing to fulfill itsobligation as contained in the said agreement to sell dated26.07.2007, but it is the defendant No.1 having malafide,ulterior and greedy intention refused to perform his part ofthe contract. The defendant No.1 further knowingly anddeliberately misrepresented to the plaintiff and by givingfalse assurances all through out. The plaintiff has got theentire funds available with it in order to incur all expensesfor the stamp duty and registration charges required forexecution of the sale deed and thus there is no impedimentat the end of the plaintiff in fulfilling its obligations