1. In this suit filed by the plaintiff for specific performance, declaration and cancellation of documents and permanent injunction, rendition of accounts, the plaintiff has filed IA No. 7410/2005 under Order XXXIX , Rules 1 and 2 of the Code of Civil Procedure (CPC) seeking ad interim injunction. Vide order dated 20th September, 2005, ex parte injunction was granted to the plaintiff in this application. Aggrieved by this ex parte injunction order, the defendant No. 1 has filed IA No. 9273/2005 under Order XXXIX , Rule 4, CPC praying for vacation of the aforesaid injunction order. According to the defendant No. 1, suit filed by the plaintiff against the defendant No. 1 is without any cause of action and further even the requisite court-fee has not been affixed. On this premises, the defendant No. 1 has filed another application i.e. IA No. 9274/2005 under Order VII, Rule 11 read with Section 151, CPC for rejection of the suit against the defendant No. 1. All these applications were heard together and I propose to dispose of the same in this common order.

2. Injunction order dated 20th September, 2005 would give a glimpse of the plaintiff's case. The operative portion of the said o