( 1 ) THE instant second appeal at the instance of the defendant/appellant is directed against the Judgment and decree dated 19. 9. 87 passed by the learned Assistant District Judge, Second Court, Hooghly in title appeal No. 341 of 1978 whereby the appeal was allowed reversing the Judgment and decree of dismissal dated 18. 11. 78 passed by the learned Munsif, Second Court, Hooghly in title Suit No. 29 of 1977 renumbered as 127 of 1978 and a decree for eviction of the defendant/ appellant was passed in respect of the suit premises. It may be noted that the trial court dismissed the plaintiff /respondent's suit on the ground that the same was barred by limitation. Although the instant second appeal was admitted on the grounds Nos. 13 and 15 urged in the memo of appeal, the leaned counsel for the appellant was permitted to argue the appeal at the time of hearing also on the grounds taken in the memo of appeal being Nos. 1, 3, 4, 8, 9, 10, 11. 17 and 20. The appellant has also challenged the order No. 64 passed by the First Appeal Court under No. 64 dated 23. 7. 87 allowing the plaintiff/respondent's application under Order 41 Rule 27 CPC. By the said order the plain