Prasenjit Mandal, J. - (1.) This application is at the instance of the defendants and is directed against the judgment and order dated November 2, 2008 passed by the learned Additional District Judge, First Fast Track Court, Lalbagh in Civil Revision No.2 of 2004 thereby allowing the revision and setting aside the judgment and order dated May 28, 2003 passed by the learned Civil Judge (Junior Division), Additional Court in Misc. Case No.1 of 1998.
(2.) The plaintiff/opposite party herein instituted a suit being Title Suit No.70 of 1991 (subsequently renumbered as Title Suit No.67 of 1996) before the learned Munsiff, Lalbagh for declaration of title, permanent injunction and other reliefs. The said suit was decreed ex parte on August 17, 1996 for non-appearance of the defendants. Thereafter, the defendants filed an application under Order 9 Rule 13 of the C.P.C. and the said application was converted into the misc. case being Misc. Case No.1 of 1998. That misc. case was disposed of. Subsequently, then the misc. appeal was preferred by the plaintiff and that misc. appeal was allowed setting aside the order passed in the said misc. case. Being aggrieved, the defendants have come up with the application.
(3.) Now, the question is whether the impugned order should be sustained.;