PRABIR KUMAR MAJUMDAR, J.

( 1 ) THIS revisional application is at the instance of the defendant-petitioner and is directed against the order dated 9th November, 1979 passed by the learned Additional District Judge, 3rd Court, Alipore in Misc. Appeal No. 461 of 1979 reversing the Order No. 9 dated 9th July, 1979 passed by the learned Munsif, 6th Court, Alipore in Title Suit No. 283 of 1979.

( 2 ) THE opposite party No. 1 being the plaintiff instituted a suit being Title Suit No. 283 of 1979 in the Court of Munsif, 6th Court at Alipore, against the petitioner as also opposite parties Nos. 2 to 4 for a declaration and for injunction, contending, inter alia, that the compromise decree in Title Suit No. 40 of 1971 and the proceedings in Title Execution Case No. 75 of 1974 being fraudulent and fictitious were neither binding nor enforceable against the plaintiff, and the defendant No. 1, the petitioner herein, be restrained by permanent injunction from executing the said decree.

( 3 ) THE opposite party No. 1 also filed an application in the said suit for temporary injunction against the petitioner restraining the petitioner from executing the said compromise decree in the said Title S

Click Here to Read the rest of this document