K. J. SENGUPTA, J. :- The above appeal was preferred against an order of injunction passed in a Miscellaneous Case No. 1941 of 2005 filed in the learned City Civil Court at Calcutta for restoration of the suit. The respondent Banerjee filed a suit in the City Civil Court at Calcutta some times in the year 2002 challenging a consent decree. The said suit was dismissed for default on or about 19th August, 2006. In order to restore the suit the aforesaid Misc. Case was filed. In the said Misc. Case an application under O. 39, Rr. 1 and 2 read with Section 151 of the Code of Civil Procedure was made and the impugned order was passed thereon. In terms of the earlier order dated 6th December, 2006 the appeal and the application filed in connection therewith were decided to be heard together on 31st January, 2007 and indeed it was heard on that day and on that date none appeared for respondent. This Court passed an order on 31st January, 2007 setting aside the order impugned with a direction to the learned Court below for hearing the said application under O. 39, Rr. 1 and 2 of the Code of Civil Procedure de novo upon affidavit. Thereafter the respondent, Manabendra filed an appl