( 1 ) THIS appeal is directed against an Order passed by the 12th Bench of City Civil Court, Calcutta, allowing the application under Section 144 of C. P. C. and directing the possession of suit premises to be delivered to the appellant/respondents.

( 2 ) THE appellant before us filed a suit for recovery of possession of the disputed premises under section 6 of the Specific Relief Act, claiming that he was a tenant in possession in the said premises and that he had been forcibly dispossessed by the defendant/respondents, who claimed to have purchased the property from the original landlord Fide, Hussain Ahmed Bhoi and Zainal Baid Ahmed Bhoi, a firm, this suit, being No. 107 of 1989 was decreed ex parte on 4. 6. 1990. On the strength of this decree, the appellant obtained possession on 22. 5. 1992. The respondents thereupon moved an application for setting aside of the ex parte decree. This was allowed and the ex parts decree set aside on 5. 5. 1993. The respondents thereafter initiated the proceedings under section 144 C. P. C. and sought restitution of the possession of property on the ground that the ex parts decree on the basis of which the appellant had taken