Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Application under–Allowed–Suit for specific performance–Observation of trial Court that the questions of facts and law are involved in the case and these can be decided after the evidence of parties–It considered the prima facie case, the balance of convenience and ‘irreparable injury’–Findings do not suffer from any vice of perversity–Interference declined.