( 1 ) THIS hearing arises out of an application under Section 115 of the C. P. C. and is directed against the order dated 3/10/1994 passed by the learned District Judge, Alipore in Misc. Appeal No. 408 / 74 arising out of the Order No. 2 dated 26/07/1994 passed by the learned Assistant District Judge, 8th Court. Alipore in Title Suit No. 60 / 94.

( 2 ) THE petitioners are the purchasers of premises No. 55 / 1, Kabi Bharati Sarani, Calcutta (formerly known as Lake Road) by purchase from the opposite parties Nos. 2 to 9 by valid Deeds of Conveyances executed pursuant to and in terms of the decree dated 5/07/1993 passed by this Hon'ble Court in Suit No. 544 / 92 (Assam Bengal Veneers (P) Ltd. v. Mohit Ghosh ). As a matter of fact, against an order passed in the said Suit an appeal was taken being Appeal No. 897 / 92 and a compromise petition was filed in the Appellate Court and a decree was passed in pursuance of this compromise petition. About a couple of months after the passing of the said decree, the respondent No. 1, LICI made an application before the Court of appeal for leave to intervene in the above proceedings and to be added as party respondents in the s