- (1.) THIS first appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated 28th February, 2007, passed by the learned Judge, Second Bench, City Civil Court at Calcutta, in Title Suit No. 1150 of 2003 thereby dismissing the said suit on the sole ground that the suit, being one for specific performance of a contract for construction of building, was not maintainable in view of the provisions contained in Section 14 (3) (c) of the Specific Relief Act.
(2.) BEING dissatisfied, the plaintiff has come up with the present appeal.
(3.) THE plaintiff/appellant filed the aforesaid suit initially claiming the following relief: "a) Leave under Order II Rule 2 of the Code of Civil Procedure. b) A decree for declaration that the alleged letter dated 19th May, 2003 purportedly issued on behalf of the defendant has no force in the eye of law and is not binding on the parties. c) A decree for permanent injunction restraining the defendant, his men, agents, servants and employees from encumbering the said premises No. 243n, Acharya Prafulla Chandra Road, P. S.- Burtolla, Kolkata as described in the schedule below from parting with possession, inducting any person thereat or in any manner whatsoever. d) A decree for permanent injunction restraining the defendant from entering into an agreement with any third party in respect of the construction and/or development of the premises No. 243n, Acharya Prafulla Chandra Road, P. S.-Burtolla, Kolkata as described in the schedule below. e) Ad-interim order of injunction in terms of prayers (c) and (d) above. f) Receiver. g) Commission. h) Costs. (i) Such other or further relief or reliefs to which the plaintiff may be found entitled. " subsequently by way of amendment, the plaintiff prayed for the following relief as the main relief in addition to the abovementioned relief original claimed: " (a) (i) Specific performance of the contract dated 14. 04. 1992 modified pursuant to the writing dated 09. 04. 2002 entered into by and between the parties herein. ";