JUDGMENT

Gopal Sri Ram JCA:

The present appeal is by the first defendant in the Court below against the refusal by the learned Judicial Commissioner to extend time to make an application for extension of time and for a stay of a declaratory judgment entered on 5 May 1993. The appellant's summons initially carried a prayer to set aside the declaration in question. However, the summons was later amended and this prayer was deleted. What remained before the learned Judicial Commissioner was only the application for extension and stay.

The brief facts relevant to the appeal may be shortly stated.

On 16 October 1979 the second defendant in the Court below as vendor and the respondents as purchasers entered into a sale and purchase agreement for the purchase of a house situated on the land held under EMR 5132 for Lot 1935 ('the said property').

The appellant is the registered proprietor of the said property. Apart from the house in question there were six others which do not concern us in the present appeal. The basis upon which the sale and purchase was transacted was that the second defendant was beneficially entitled to the said property under a trust deed dated 25 October 1979.

O