( 1 ) THIS revisional application is directed against Order No. 30 dated March'24, 1984 passed in Misc. Case No. 4 of 1984 arising out of Title Execution Case no. 27 of 1983. It appears that the said Misc. Case No. 4 of 1984 has arisen out of an application under Order 21, Rule 97, Civil Procedure Code made by the present peti tioner contending inter alia, that he is a third party to the decree and the decree sought to be executed in the Title Execu tion Case No. 27 of 1983 is not binding on him. It may be noted that prior to the making of the said application under Order 21, Rule 97 of the Code, the objector-peti tioner filed a suit being Title Suit No. 39 of 1980 in the Court of the learned Munsif, Howrah for declaration of the said objector petitioner's title to the property in question as a tenant. The said suit was dismissed; on contest on the finding that the plaintiff had no tenancy right in the disputed prey mises.

( 2 ) AGAINST the said judgment and dercee, the objector-petitioner has preferred a Title Appeal being Title Appeal No. 206 of 1983 before, the learned District Judge; Howrah and the said appeal is pending final decision. In the said appeal, an ap