( 1 ) THIS appeal is directed against an order no. 36 dated 13th December, 1995 passed in Title Suit No. 1105 of 1992 by the learned Judge. IXth Bench, City Civil Court, Calcutta. By the said order, injunction was granted against the defendant/appellant restraining her from proceeding with the Execution Case No. 60 of 1991 arising out of Title Suit No. 567 of 1989.

( 2 ) THE plaint case, inter alia, was that the appellant/defendant had instituted a suit for eviction of licensee against the husband of the plaintiff respondent herein and obtained an ex parte decree in the said suit. In the circumstances, the plaintiff/respondent had filed a Title Suit, being no. 1105 of 1992, for declaration that the said decree was obtained by found and not binding upon her. In connection with the said suit, the plaintiff respondent had filed an application for injunction restraining the appellant/defendant from proceeding with the said Execution Case No. 60 of 1991 seeking to execute the ex parte decree obtained by the defendant/ appellant in Title Suit No. 567 of 1989. Injunction having been granted, the same is being challenged in this appeal.

( 3 ) LEARNED Counsel for the