Code of Civil Procedure, 1908–Order 7, Rule 11(d)–Rejection of suit by allowing the application–Justification–MoU between the parties for sell of property–Thereafter, a registered agreement was executed between the parties–Respondent no. 1 assured the appellant that the litigation pending in the High Court regarding the property is likely to be decided shortly in his favour–However, in case, it is not decided after one year from the date of first MoU, the appellant will have right to get the earnest money returned along with 18% annual interest–Vendee had issued a notice seeking refund of earnest money–Earlier suit for injunction had been dismissed–After that suit, the suit for specific performance was barred under Order 2, Rule 2–However, all the documents referred to by the respondent in support of his plea for rejection of the plaint cannot be considered at this stage as these are not the part of the record with the Court filed along with the plaint–Impugned order passed by High Court deserves to be set aside–Issue regarding the maintainability of the suit can be taken as a preliminary issue.
