( 1 ) THE present appeal is directed against Order No. 61, dated 8th November, 1994, passed by Sri S. Bose, learned Judge, City Civil Court, Calcutta, in Misc. Case No. 1696 of 1994, whereby an application preferred by the appellants under Order 21, Rule 101 of the Code of Civil Procedure, inter alia, praying for adjudication of the dispute regarding right, title, interest and possession of the room in occupation of the petitioners upon their addition as parties in the Misc. No. 103 of 1992 and for restraining the decree holder from executing the decree passed in Ejectment suit No. 524 of 1972 against respondent No. 3, had been rejected.

( 2 ) EJECTMENT suit No. 524 of 1972 had been instituted by respondents Nos. 1 and 2 against respondent No. 3 for a decree for vacant and khas possession of the disputed shop room at 3, Russel Street, Calcutta, inter alia, upon allegation of termination of the respondent No. 3's tenancy on the grounds of default, illegal additions and alterations and sub-leting, assignment and transfer without the consent of plaintiff No. 1 long after commencement of West Bengal Premises Tenancy Act, 1956. In the said suit the defendant's def