- (1.) This Court has heard the learned Advocates for the respective parties. The facts of the case, briefly, are as follows: The plaintiff/appellant filed a suit against the defendants/respondents being Title Suit No. 474 of 1987 which was placed before the learned 9th Bench, City Civil Court at Calcutta.
(2.) The plaintiff/appellant prayed for a decree for declaration that the ex parte decree passed on 9.3.1986 in Ejectment Suit No. 1003 of 1985 was obtained by fraud by the defendant No. 1/respondent and the said ex parte decree should be declared as null and void.
(3.) The suit was contested by the defendant No. 1/respondent by filing a written statement denying the material allegations made in the plaint. It appears that the suit was filed on 13th March, 1987.;