A.K.Dutta, J. - (1.) This revisional application by the defendant-petitioner (hereinafter referred to as defendant) under section 115 of the Code of Civil Procedure (hereinafter referred to as Code) is directed against the order dated September, 1995 passed by the learned Munsif, 3rd court at Alipore, in Misc. Case No. 24 of 1994 before him for the reasons stated therein.
(2.) The facts, as are relevant for the present purpose, may shortly be set out as follows: The opposite party-plaintiff (hereinafter referred to as 'Plaintiff') had filed the relevant suit before the court below for eviction of the Defendant from the suit premises on the grounds made out therein. The plaintiff had obtained an ex parte decree therein on 19-8-92 and had obtained possession of the suit premises in execution of the decree on 20-3-93. The relevant Misc. Case was filed by the defendant before the court below on 19-4-93 for setting aside the ex parte decree on the plea that the summons in the relevant suit had not been served upon him. Even though the Misc. case was filed on 19.4.93, no other step had been taken by the defendant in the relevant Misc. case till 2-9-95 when he had filed an application under order 39, Rules 1 and 2, read with section 151 of the Code praying for temporary injunction restraining the plaintiff from demolishing the suit premises and making any construction thereon, along-with a prayer for interim injunction in terms thereof for the reasons stated therein. Despite the filing of the said application the defendant had subsequently filed another application under section 151 of the Code on September 21, 1995 praying for issue of interim injunction in the manner sought for in the first application filed on 2.9.95.
(3.) The learned Munsif had rejected the aforesaid relevant second application for issue of interim injunction filed by the defendant under section 151 of the Code on 21.9.95 by passing the impugned order dated 22.9.95 for the reasons recorded therein.;