( 1 ) LEAVE granted. This appeal is directed against a judgment and order dated 20. 9. 1997 passed by a learned Single Judge of the High Court of Judicature at Allahabad allowing the writ petition filed by the respondents herein questioning the validity of an order dated 29. 8. 2007 passed by the learned Additional District Judge, Mathura in civil Revision No. 322/2005 affirming the order dated 24. 10. 2005 passed by the learned Civil Judge whereby and whereunder while rejecting the application filed by the appellant herein under Order 8 Rule 10 of the Code of Civil Procedure, a date was fixed for recording the evidence of the plaintiffs and the application filed by the respondents herein praying for condoning the delay in filing the written statement was rejected.

( 2 ) THE basic fact of the matter is not in dispute.

( 3 ) APPELLANT herein filed a suit for a decree for permanent injunction in the year 2002. A separate application for grant of temporary injunction was also filed. Summons upon the defendants were served on 6. 7. 2002. The defendants appeared through their learned advocate on 19. 7. 2002.

( 4 ) APPELLANT filed an application for grant of temporary injunction which wa