Code of Civil Procedure, 1908–Order 8, Rule 1 & Sec. 96–Specific Relief Act, 1963–Sec. 12–Delay in filing the written statement–Trial Court declined to condone the delay and proceeded to decide the suit–Ultimately, the decree of alternative relief was granted in favour of the appellants–Appellants filed the first appeal aggrieved by the refusal to grant the relief of specific perfor-mance–High Court remanded back the matter to Trial Court but while doing so, permitted the defendants for filing the written statement–Justification–If the application for condonation was dismissed by the Trial Court and written statement was not taken on record, every opportunity was available to respondent-defendants to assail the said order before the appropriate forum–High Court could not have granted such relief in the first appeal filed by the appellants–Impugned order set aside and matter remanded back to High Court for reconsideration.
