S.B.SINHA, J. - (1.) These two appeals arise out of a judgment and order dated 2-3-98 passed by Sri A. K. Dasgupta, Chief Judge, City Civil Court, Calcutta in Misc. Case No. 559 of 1992 whereby and whereunder the said Ld. Court dismissed application filed by the appellant under Order 21 Rule 97 of the Code of Civil Procedure. .
(2.) The first respondent filed a suit for ejectment of its tenant M/s. Krishna Textiles from the said premises which was an Office Room being No. II/4, on the first floor of premises No. 3 Church Lane Calcutta on the ground that the defendant had been a defaulter and also assigned possession of the said tenancy in favour of S. Pal and Bhramhaputra Fertilisers Distributors without the consent of the plaintiff. The schedule referred to in the plaint reads thus :- On the North:By office Room No.II/3On the East:By over looking the Church LaneOn the West:By common CorridorOn the South:By Office Room No.II/5B.""All that being one office room being No. II/4 on the First Floor of the Premises No.2, Church Lane, Calcutta, butted and bounded as follows :- .
(3.) Although the defendant of the said suit filed a written statement it did not appear at the hearing and by a judgment dated 28-6-91 the said suit was decreed with costs. The said decree was put in execution which was numbered as Ejectment Execution Case No. 61/92. While delivery of possession was sought to be granted in the said proceeding, an obstruction was made by the appellant whereafter, the first respondent filed an application under Order 21 Rule 97 of the Code of Civil Procedure which was registered as Misc. Case No. 559 of 1992. .;