( 1 ) THIS is an appeal against the order passed on May 23, 1974 by Sri S. N. Ghosh. Additional District Judge, 9th Court at Alipore in Miscellaneous Appeal No. 79 of 1974 affirming an order passed by Sri S. P. Sen Gupta, Subordinate Judge, 2nd Court at Alipore in Miscellaneous Case No. 21 of 1972 rejecting an application under Section 47 of the Civil P. C. in connection with Title Execution Case No. 1 of 1971.

( 2 ) THE facts of the case may briefly be stated as follows :-- The respondent brought a suit being Title Suit No. 69 of 1969 against the appellant for ejectment on the ground of default. The said euit was decreed on compromise in terms of joint petition of compromise on April 24, 1970. As the appellant violated the terms of the compromise decree an execution case was started being Title Execution Case No. 1 of 1971. An objection was filed under Section 47 of the Code which was allowed in part but objection of the judgment-debtor regarding delivery of possession was rejected. An appeal was filed before the learned District Judge. The appeal was also dismissed and hence the second appeal. This appeal was again dismissed for default on 28th April 1976. Af