J U D G M E N T

CHANDRA DHARI SINGH, J.

I.A. NO. 14066/2017 (under Order 14 Rule 5)

1. The present application has been filed by the Applicant/ Plaintiff under Order XIV Rule 5 read with Section 151 of Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) inter-alia seeking the following reliefs:

“a. Strike off the issues No. 2,3,5,6,7 and 9 framed on

15.09.2017;

b. Appoint a local commissioner for recording of Evidence in the above matter on the cost to be borne by the parties;

c. Pass any other order(s) that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

FACTUAL MATRIX

2. The captioned suit has been filed on behalf of the plaintiff seeking specific performance of agreement dated 24th December, 2003.

3. In the present suit the following issues were framed by the predecessor bench of this Court on 15th September, 2017:-

“i. Whether the plaintiff is entitled for the decree of specific performance of the agreement to sell dated 24.12.2003? OPP ii. Whether the suit filed by the plaintiff company is not maintainable? OPD-1 iii. Whether the suit is liable to be stayed under Section 10 CPC?

OPD-1 iv. Whether the plaintiff has no cause of action to