1. The appellants are the original plaintiffs and the respondents are the original defendants. For the sake of convenience of the parties, they shall be referred to as plaintiffs and defendants.

2. The plaintiffs have challenged an order passed by the learned Single Judge dated 15th January, 2008 in Chamber Summons No.1689 of 2007. By the said order, the learned Single Judge was pleased to allow the Chamber Summons which is taken out by the defendants seeking liberty to lead evidence and to place on record all documents referred to in the affidavit of documents which was filed by the defendants. Grievance of the plaintiffs is that after they had led their evidence, the defendants had specifically informed the Court that they did not wish to lead any evidence. It is the contention of the plaintiffs that after having taken a stand not to lead evidence, it was not open for the defendants to subsequently file application seeking permission of the court to lead evidence. In order to appreciate the rival contention, it is necessary to state the brief facts of the case :-

3. Original plaintiffs have a suit for specific performance on 16th January, 19