( 1 ) THE present application under section 115 of the Code of Civil Pocedure is directed against order dated 6. 3. 1999 passed by the learned Munsif Sealdah whereby the learned Civil Judge, Junior Division, Sealdah granted stay of Execution Case No. 8 of 1999 till the disposal of Misc. Case No. 25 of 1999. The plaintiff/petitioner filed a suit, being Title suit No. 295 of 1996 for eviction of the opposite parties respondents. The learned Munsif proceeded to hear the suit exparte in view of the fact that the defendant did not appear in spite of the service of summons and upon consideration of the materials placed by the plaintiff/petitioner, the learned Judge was pleased to decree the suit exparte. The said decree was put into execution and during the pendency of the execution, the defendant, opposite parties came forward with an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the exparte decree and for restoration of the suit on the allegation that the plaintiff/petitioner fraudulently suppressed the service of notice upon them. The said application under Order 9 Rule 13 of the Code of Civil Procedure has been registered as a Mis