ORDER :- Heard the learned advocates appearing on behalf of the parties.

2. This is an application under Article 227 of the Constitution of India primarily directed against an order, being Order No. 83, dated 28th February, 2008, passed by the 4th Civil Judge (Senior Division) at Alipore, South 24 Parganas in Title Suit No. 144 of 1997.

3. The petitioner herein is the substituted defendant No. 1(b) in the suit pending in the Court below.

4. From the record it appears that the plaintiff filed an application before the learned Court below under Section 151 of the Code of Civil Procedure, praying for rejection of the application of the substituted defendant. The substituted defendant, in his application, had inter alia prayed for time to file written statement and for an early date for further hearing of the suit.

5. It further appears from record that an objection to the said application under Section 151 of the Code of Civil Procedure was filed by the substituted defendant No. 1(b) wherein it was inter alia stated in paragraph 5 as follows :-

"With reference to the statements, made in paragraphs 1, 2 and 3 of the said petition, your petitioners state that the defendant Nos. 1(a) to 1(c)

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