BIMAL CHANDRA BASAK, J.

( 1 ) THIS appeal arises out of an order dt. 1st of Oct. 1985 whereby a learned single Judge of the Original Side of this Court allowed the application made by the respondent-plaintiffs for setting aside and recalling the order dt. 26th of July 1985 passed by the learned Judge. The facts of this case, so far as relevant for the purpose of the Appeal herein, are as follows : facts.

( 2 ) ON or about 13th of March, 1962 the predecessor-in-title of the plaintiff-respondents herein instituted the suit against the defendant-appellants, inter alia, praying for a decree for specific performance of an agreement for sale dt. 8th July 1961 as modified by subsequent agreement and for other reliefs. The defendant-appellants filed the written statement. Ultimately the suit appeared in the daily list of the learned trial Judge on the 26th of July, 1985 when the appellant-defendants appeared but the plaintiffs-respondents did not appear and accordingly the suit was dismissed for default. On the 19th of Aug. , 1985 the plaintiffs-respondents affirmed an application for recalling and/or setting aside the order dt. 26th of July, 1985 and for placing the suit in the perempto

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