( 1 ) THIS is a revisional application under section, 115 of the Code of Civil Procedure against order dated 4th July, 1989 passed by the Second Bench, City Civil Court, Calcutta in Misc. Case No. 912 of 1988 arising out of Execution Case No. 24 of 1987 from Ejectment Suit No. 426 of 1980. The,petitioner's case is that the Opposite Party/decree Holder has obtained a decree for eviction against one Kishore Das, a fictitious person, in the said ejectment suit in respect of the first floor of premises No. 1, Pratap Chatterjee Lane, Calcutta. The petitioner with other members of the family is residing in the said premises since 1947 and when the process server came for the execution of the decree passed in the ejectment suit, the petitioner's father resisted the execution of the decree. The Decree Holder/opposite Party immediately filed an application under Order 21 Rule 97 of the Code of Civil Procedure, the petitioner duly appeared in the Misc. Case and filed objection to the Decree Holder's application. The petitioner filed an application under section 151 of C. P. C. contending that in view of the 1976 Amendment of the C. P. C. while hearing an application under Or