1. This application under Section 151 CPC seeks recalling the "collusive" decree of 2-9-99 passed in CS(OS) 2121/1987. Before coming to the averments in the application, it is necessary to have a look at the proceedings in this case.

2. The applicant filed the S.No. 2121/87 against Saroj Bala with the following story. An agreement to sell was executed by the defendant in favour of the plaintiff in respect of 15/275, Vishwa Bhawan, Civil Lines, Kanpur (hereinafter refereed to as the "suit property") on 30-9-82 for a consideration of Rs. 4.75 lacs after actual payment of earnest money of Rs.25,000/-. But the defendant failed to obtain the pre-requisite permissions /sanctions from various authorities and failed to perform the agreement. Two supplementary agreements dated 22-9-83 and 30-3-84 were executed by the defendant in favour of the plaintiff whereby the time for execution was extended upto 30-9-87 with direction to the defendant to obtain necessary permission's and sanctions from the local authorities at Kanpur and clearance from the Income Tax Department at Delhi /Kanpur. This Court issued summons to the defendant and also passed an order of injunction dated 5-10-8