( 1 ) THIS is an application under section 115 of the Code of Civil procedure directed against order No. 5 dated 1. 10. 1994 passed by the Munsif, 1st Court, Barasat in T. S. No. 424 of 1994. The learned advocate for the petitioner is present and made his submission in support of his application. The affidavit of service is filed, let it be kept with the record. According to the submission of the learned advocate for the petitioner, the petitioner is a tenant under the opposite party No. l and the petitioner as plaintiff filed a suit as mentioned above, claiming for declaration and injunction etc. restraining the defendant from disconnecting the electric line and water connection. The suit is pending even now but it is alleged that in the meantime on 21. 9. 1994 the petitioner was dispossessed from the suit properly forcibly by the opposite party No. 1 landlord. So, the petitioner filed a petition before the trial court to restore possession under section 151 CPC with the help of the police. The learned trial court by the impugned order was pleased to reject that prayer on the ground that the only remedy to get back possession in the suit premises lies under secti