ORDER

Leave granted.

2. This appeal by special leave arises from the order of the Single Judge of the Punjab and Haryana High Court, made on May 22, 1996 in C.R. No. 4333/1995.

3. The undisputed facts are that the respondents filed a suit for permanent injunction with the following prayer :

"It is, therefore, prayed that a decree for permanent injunction restraining the defendants from raising any construction over any specific portion of the property detailed in the heading of the plaint, and also restraining the defendants from filling any part of the property by sand and also restraining the defendants from alienating any specific portion of the property and also restraining the defendants from transferring the possession of the property without the same being partitioned between the parties to the suit; may kindly be passed in favour of the plaintiffs against the defendants with costs and any other relief which the Hon ble Court may deem fit be also granted."

4. Pending the suit, though several opportunities were given, no evidence was adduced by the defendant. The court passed an order on September 22, 1995 foreclosing the evidence of the defendant on the statement of the counsel t