JYOTIRMOYEE NAG, J.

( 1 ) THIS Rule is directed against Order No. 68 dated 25th November, 1978 in Misc. Case No. 20 of 1977 by the learned Munsif, 2nd Court, Malda. The opposite parties-plaintiffs filed suit being O. C. Suit No. 57 of 1971 in the Court of the Second Munsif, Malda praying for declaration of the title in respect of 89 decimals of danga land in Dag No. 359 in mouza Narayanpur, P. S. Kaliuhaek, District-Malda and for recovery of possession by evicting the defendant-petitioners. The suit was fixed for peremptory hearing on the 21st of January, 1977. The defendants being absent on that day, the suit was decreed ex parte. Thereafter, on the 31st of January, 1977 the petitioners tiled an application under Order 9, Rule 13 of the Code of Civil Procedure for restoration of the suit This application was registered as Misc. Case No. 20 of 1977. But when this Misc. case came up for hearing on the 9th of September, 1978, the defendants were again absent and hence it was dismissed with costs to the plaintiff by Order No. 64 dated the 9th of September, 1978. On the 9th of September, 1978. the petitioners (defendants) filed an application under Section 151 of the Code of Civil Pro

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