( 1 ) THIS is an application under Section 115 of the Code of Civil Procedure and is directed against Order No. 195 dated February 18, 1972 passeed by Sri R. L. Mukherjee, Subordinate Judge, 9th Court at Alipore in Misc. Case No. 96 of 1967 arising out of Title Suit No. 100 of 1967.

( 2 ) THE facts of the case may briefly be stated as follows :--

( 3 ) THE petitioner instituted Title Suit No. 100 of 1967 for declaration of title, recovery of khas possession and injunction. The petitioners subsequently filed an application under Order 39, Rules 1 and 2 of the Code and the opposite parties were restrained by an order of ad interim injunction from raising any construction on the suit land. The said order was served upon them on 13th November 1967. In spite of service of ad interim injunction the opposite parties started to raise construction. Thereafter the petitioners filed an application under Order 39, Rule 2 (3) of the Code for attachment of the properties. The said application was registered as Misc. Case No. 96 of 1967 and an order of attachment was passed on 13th of July 1968. Thereafter the learned Subordinate Judge on 14th of February 1970 passed an order