PRASENJIT MANDAL, J. - (1.) THIS application is directed against the order dated March 3, 1985 passed by the learned Munsif, 2nd Court, Barasat in Misc. Case No.13 of 1981 arising out of Title Suit No.540 of 1987 thereby allowing the misc. case under Order 9 Rule 13 of the C.P.C.
(2.) THE short fact is that the original plaintiff/predecessor-in-interest of the petitioners herein instituted the aforesaid title suit for recovery of possession and other consequential reliefs against the defendant/opposite party herein contending that the defendant is a tenant under him in respect of the suit property. In that suit the defendant/opposite party herein entered an appearance and prayed for time to file a written statement on a number of occasions. Ultimately, he did not contest the suit and so, the suit was decreed ex parte. Thereafter, the original plaintiff instituted an execution proceeding for execution of the decree and at that stage when the writ of delivery of possession was going to be executed, the defendant/opposite party herein resisted, and then he filed an application under Order 9 Rule 13 of the C.P.C. along with an application under Section 5 of the Limitation Act. The original plaintiff filed a written objection against the said application.
(3.) UPON analysis of the evidence on record, the learned Trial Judge allowed the application under Order 9 Rule 13 of the C.P.C. and the application under Section 5 of the Limitation Act. Being aggrieved by such orders, this application has been preferred.;