ABHAY MANOHAR SAPRE, J. - (1.) This appeal is filed by defendant No.2 against the final judgment and order dated 21.07.2005 passed by the High Court of Calcutta in F.M.A.T. No. 1335 of 2005 whereby the High Court dismissed the appeal filed by the appellant herein against the order dated 06.04.2005 passed by the Civil Judge(Sr.Div.), IXth Court at Alipore in T.S. No.3 of 2005.
(2.) We need not burden the order by setting out the facts in detail except to the extent necessary to appreciate the short controversy involved in the appeal.
(3.) The appellant is defendant No.2 whereas respondent No. 1 is the plaintiff, respondent No. 2 is defendant No. 1 and respondent No. 3 is defendant No. 3 in the Civil Suit out of which this appeal arises.;