As per case facts, the plaintiff sought specific performance of an agreement to sell land or, alternatively, recovery of earnest money. The defendant allegedly agreed to sell land, received a ... substantial earnest payment, and the sale deed was to be executed three years later. Before that, the defendant sold the land to other parties. The plaintiff had previously filed a permanent injunction suit for the same cause of action, which was withdrawn without court leave for a subsequent suit. The Trial Court dismissed the specific performance claim citing Order 2 Rule 2 CPC. The Lower Appellate Court, while reversing the Order 2 Rule 2 finding, denied specific performance due to the plaintiff's unnatural conduct and granted recovery of the earnest money. The plaintiff appealed to the High Court against the denial of specific performance. The question arose whether the subsequent suit for specific performance was maintainable, given the earlier withdrawn injunction suit without liberty for a new one. Finally, the High Court held the suit for specific performance was barred by Order 2 Rule 2 CPC due to the prior withdrawn injunction suit on the same cause of action. The decree for recovery of earnest money was maintained as the defendant did not appeal it.