JUDGMENT :

A. Pasayat, J. - Petitioners call in question legality of or Jar passed by learned Subordinate Judge, Puri, refusing to accept petitioners' prayer to set aside ex parte decree passed in O.S. No. 25 of 1988 and order passed by learned District Judge, Puri, in Misc. Appeal No. 153 of 1993 affirming the aforesaid order.

2. A brief reference to the factual position, which is almost undisputed, is necessary for disposal of this application. Opposite party filed the suit in question for specific performance of contract. Petitioners were impleaded as defendants. A joint written statement was filed by them. On 19-1-1990 issues were settled and suit was posted to 28-3 1990 for fixing date of hearing. Thereafter the matter was adjourned from time to. time and was finally posted for hearing to 20-4-1992. On that day, memorandum of appearance was the plaintiff -oppsite party who was present with witnesses. They were examined and certain documents were marked as exhibits. Advocate for the petitioners was present, PW 1 was cross-examined, but thereafter there was no cross-examination of PWs 2 and 3. Learned Subordinate Judge treated the same to have been declined as petitioners' Advocat