Amitava Lala, J. - (1.) This is an application for recalling and/or setting aside the ex parte decree passed by a Single Bench of this Hon'ble Court on 9th December, 1996 and also for various consequential reliefs.
(2.) Defendant No. 2 made this application on his behalf and on behalf of defendant No. 1. The defendant No. 3 is not party to this application. The petitioners/defendants contended that they came to know about the ex parte decree for the first time on 6th December, 1997 when the Receiver was appointed in the execution proceeding visited the premises for the purpose of taking delivery of the possession.
(3.) They further contended that in April 1996 the petitioners contacted with their the then Advocate on-record, Mr. J. Roy chowdhury of M/s. M.K. Roy chowdhury & Co. who, in turn, briefed one of the Counsel of this Court to draw a written statement on their behalf. In early May 1996 the petitioner attended the office of M/s. M.K. Roy chowdhury & Co. and signed the written statement and vokalatnama in favour of M/s. M.K. Roy chowdhury & Co.;