- (1.) This application is at the instance of the judgment debtor and is directed against the Order No.80 dated February 28, 2013 passed by the learned Civil Judge (Junior Division), Amta in Misc. Case No.5 of 2011 arising out of Title Execution Case No.6 of 2007 arising out of Title Suit No.44 of 2006.
(2.) The plaintiffs/opposite parties herein instituted a suit for eviction, recovery of possession and injunction before the learned Trial Judge against the defendant and the said suit was decreed ex parte. The said decree was put into execution and in that execution case, the judgment debtor filed an application under Section 47 of the C.P.C. which was converted to Misc. Case No.5 of 2011. That misc. case was dismissed on contests. Being aggrieved, this application has been preferred by the judgment debtor.
(3.) The point for determination is whether the impugned judgment and order should be sustained.;