CHEMPLAST SANMAR LIMITED Vs. SENTHAMIZHSELVI

JUDGEMENT

(1.) The plaintiff is the appellant. This Second appeal has arisen out of the order passed in an application filed under Order VII Rule 11(d), C.P.C. for rejection of the plaint. The trial court allowed the application and the Appellate Court confirmed the said order.

(2.) The subject matter suit viz., O.S.No.122 of 2008 was filed by the appellant herein seeking for specific performance of an agreement of sale; for declaration to declare sale deed, dated 24.1.2008 executed by the first defendant in favour of the second defendant as illegal, null and void and for permanent injunction restraining the defendants from interfering with the appellant's peaceful possession and enjoyment of the suit property.

(3.) Before this suit, the appellant earlier filed a suit in O.S.No.28 of 2008 which was later renumbered as O.S.No.90 of 2010 for permanent injunction restraining the very same defendants from interfering with their peaceful possession and enjoyment of the suit property. The said suit for injunction is still pending. However the plaint in the subsequent suit, seeking for specific performance of agreement of sale and for other reliefs as stated supra, came to be rejected at the instance of the defendants on the sole ground that the present suit is barred under Order II Rule 2 C.P.C.