SANJIB BANERJEE,J. - (1.) The petitioners here obtained an ex parte decree in October, 2015 in an eviction suit in 1998.
(2.) The grievance of the petitioners is that on a belated application filed in 2017 by the opposite parties under Order 9, Rule 13 of the Code, directions were issued for adducing evidence notwithstanding there being no independent application under Section 5 of the Limitation Act.
(3.) The petitioners point out that on a previous occasion, the trial court had entertained the petition under Order 9, Rule 13 of the Code and had passed an ad interim order thereon which ad interim order was challenged in CO 1639 of 2017 in this court.;