JUDGMENT

Anil Kshetarpal, J. - Questioning the correctness of the judgments passed by the courts below, while rejecting their plaint under Order 7 Rule 11 Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), the plaintiffs have filed this Regular Second Appeal. At the outset, it is important to note that the issue which arises for consideration before this Court is

'Is it appropriate for the court to reject a plaint on the grounds which are beyond the scope of Order 7 Rule 11 CPC?."

2. On 15.09.2021, learned senior counsel representing the appellants contended that the appellants are prepared to amend the suit to include the relief of specific performance and pay ad valorem court fee.

3. The plaintiffs filed the suit for grant of decree of permanent injunction on the basis of an agreement to sell dated 24.02.2020 executed by defendant no.1 in their favour with respect of 140 acres of land on payment of Rs.3.59 crores as earnest money (through RTGS transactions) out of total sale consideration of Rs. 169.75 crores.

4. Defendant no.1 Chander Shekhar Aggarwal is stated to have entered into an agreement to sell with the plaintiffs. The relevant terms of the agreement to sell re