BASUDEVA PANIGRAHI, J.

( 1 ) ONE of the defendants in Ejectment Suit 967 / 79 has called in question about the propriety of the order passed by the learned Judge, IXth Bench, City Civil Court, Calcutta being Misc. Case No. 2733/95 rejecting the application of the petitioner under O. 9, R. 9 of the Code of Civil Procedure. The opposite party filed the original ejectment suit on the ground of reasonable requirement, default in payment of rent and for subletting. The suit was decreed ex parte on 3-9-91. The present petitioner filed an application for setting aside the ex parte decree which was registered as Misc. Case No. 979 of 1991 and it was dismissed for default on 95-92. Therefore, the petitioner filed another application for restoration of the Misc. Case which was registered as Misc. Case No. 433 of 1992. The application for restoration of the Misc. Case was allowed and ultimately the Misc. Case No. 379 2 of 1991 was restored to file. The said Misc. Case 979 of 1991 was dismissed on contest. Therefore, the petitioner filed a Misc. Appeal in this court in FMAT No. 692 of 1993 for setting aside the order of dismissal of Misc. Case No. 979 of 1991. The said appeal was allowed, cons

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