N. K. BHATTACHARYYA. J.

( 1 ) HEARD the submission of the learned Advocate for the petitioner Mr. Haradhan Banerjee appearing with Mr. Amitava Pyne and the learned Advocate for the Opposite party Mr. Bidyut Kr. Banerjee appearing with Ms. Shila Sarkar. Considered the materials on record.

( 2 ) BY this application under section 115 of the C. P. C. the petitioner has challenged order No. 101 dared 21st November, 1994 passed by the Ld. Munsif, 7th court, Howrah in Title Suit No. 11 /90, whereby the Ld. Munsif rejected the application of the petitioner made under section 151 of the C. P. C. praying, inter alia, for recalling of the order passed by the learned Munsif of that court in that suit, being order No. 57 dated 20. 4. 92.

( 3 ) THE facts silhouetted behind this revision is that admittedly the petitioner is a tenant under the opposite party herein and the opposite party herein, for evicting the defendant from the suit premises, filed Title Suit No. 11/90 in the court of the 7th Munsif, Howrah on the ground of default and reasonable requirement. The defendant-petitioner filed an application in that suit under section 17 (2) and (2a) of the West Bengal Premises Tenancy Act, but

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