( 1 ) APPEAL against the Order of Sri S. K. Mukherjee, Additional District Judge of Second Court at Alipore in Misc. Appeal No. 262 of 1975, dated the 25th day of March 1976, reversing the order of Sri H. Banerjee, Munsiff, First Court at Sealdah, dated the 31st day of March, 1975.

( 2 ) THIS appeal arises out of the judgment dated 25th of March, 1976, passed by the learned Additional District Judge, Second Court, Alipore, in Misc. Appeal No. 262 of 1975, reversing the Judgment and order being Order No. 35 dated 31st of March, 1975, passed by the learned Munsif, First Court, Sealdah, in Misc. Case No. 217 of 1974.

( 3 ) IT appears that Title Suit No. 208 of 1966, of the 1st Court of the learned Munsif at Sealdah was decreed and the said decree was put to execution. In the said execution proceeding, an objection under Section 47 of the Code of Civil Procedure was made by the judgment-debtor respondent Biswanath Mustafi inter alia contending that the decree passed in the said Title Suit was a nullity and as such the decree was not executable. It appears that the said suit was initially instituted by one Bina Pani Debi against the said judgment-debtor. During the pend