JUDGEMENT
Sachindra Nath Sanyal, J. -
(1.) This is an application by the petitioners under Section 115 of the Code of Civil Procedure against the order dated November 22, 1983 made by the learned District Judge, Howrah dismissing the Misc. Appeal No. 209 of 1983.
(2.) Petitioners and opposite party No. 5 filed a suit being title suit No. 303 of 1983 for declaration and permanent injunction against the opposite parties 1 to 4. Petitioners allege that, they were tenants under opposite parties 1 and 2 and the opposite parties had no right to forcibly evict them from the suit property. Petitioners filed an application for temporary injunction.
(3.) The learned Munsiff 3rd Court Howrah by order dated November 17, 1983 issued notice upon the defendants to show cause within seven days of service as to why the prayer for injunction, should not be granted. The learned Munsiff however refused the prayer for interim injunction on the ground that there was no urgency. Petitioners challenged the said order of the learnea Munsiff in Misc. Appeal No. 209 of 1983. The learned District Judge by the impugned order dated November 22, 1983 dismissed the appeal summarily. Petitioners have challenged the said order in the present revision case.;
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