Badar Durrez Ahmed, J. —This appeal is directed against the order dated 01.10.2013 passed by a learned Single Judge of this court in IANo.20617/2012 in CS(OS) NO.2661/2012. The said application was filed by the defendant/appellant herein under Order 7 Rule 11 CPC for rejection of the plaint filed by the respondent/plaintiff. The suit is one for specific performance and injunction.

2. By virtue of the impugned order the said application under Order 7 Rule 11 CPC was dismissed. While doing so the learned Single Judge considered the provisions of Section 17(1A) of the Registration Act, 1908 as also Section 49 thereof. This was the first point urged by the learned counsel for the appellant. The second point was with regard to the provisions of Section 33 and 35 of the Indian Stamp Act and article 23A of Schedule-1A as applicable to Delhi and as amended by the Indian Stamp (Delhi Amendment) Act, 2001.

3. Insofar as the plea regarding the provisions of the Registration Act is concerned, it had been contended by the learned counsel for the appellant/defendant that Section 17(1A) thereof clearly stipulated that, if documents containing contracts to transfer immovable proper