Respondent No.2 made an application on 27.1.94 to set aside the decree under Order 9 Rule 13 CPC.
The respondent has filed a suit for specific performance and after the evidence of the appellant was closed on 12.3.1991, the defendants evidence was directed to be recorded on 20.3.1991.
226 of the Constitution and that was dismissed by the impugned order dated 21.12.95 by the High Court.
That petition came to be dismissed by the trial Court on 7.10.95.
Against the said order, the appellant filed writ petition under Art.
The application for adjournment was rejected and after hearing arguments, judgment was reserved and was pronounced on 14.1.1994.
While that application was pending, the appellant moved an application objecting to the maintainability of the application and to hear it as a preliminary point.
On that date, the respondent seemed to have declined to companytest the suit and sought adjournment.
Similar application was filed by other respondents.
It would appear that the matter was adjourned from tine to time till 11.1.1994.
Leave granted.
Thus this appeal by special leave.
