( 1 ) THESE two revisional applications heard analogously have been preferred by the respective defendants-petitioners viz. , Tapan Tanay Halder and Mukunda Chandra Halder under Section 115 of the Code of Civil Procedure against the order dated 24-5-1994 passed by the learned District Judge, 2nd Court, Alipore in Misc. Appeal Nos. 77, 78 and 98 of 1994 (heard analogously) reversing the order dated 11-2-94 passed by the learned Assistant District Judge, 7th Court at Alipore in Title Suit No. 169 of 1987 allowing an application under Order XL, Rule 4 of the Code of Civil Procedure preferred by the petitioner Mukunda Chandra Halder of C. O. No. 2652 of 1994.

( 2 ) IT may be mentioned here that the original number of the Title Suit No. 169 of 1987 was Title Suit No. 44 of 1971 filed in the 10th Court of the Subordinate Judge at Alipore which was successively transferred to different Courts and ultimately re-numbered as Title Suit No. 169 of 1987 of the 7th Court of the Assistant District Judge at Alipore. The aforesaid suit was filed on 17-9-71 by one Sri Hara Lal Halder since deceased against the present two petitioners and others for dissolution of partners