( 1 ) THIS revisional application is directed against an Order/judgment passed by the Executing Court, Assistant District Judge, 8th court, Alipore in Execution Case No. 14/85 whereby and whereunder the court condoned the delay and issued notice against the Judgment-debtors.

( 2 ) THE case has suffered a chequered history. The opposite party, original Decree holder filed a suit in T. S. No. 1171/62 in the Original Side of this court for specific performance of contract against one Salil Kr. Das, the predecessor-in-interest of the opposite parties 2 to 4 and the predecessor-in-interest of the opposite parties 8 to 10, Malay Kr. Das and Chanchal Kr. Das; which was decreed on contest on 8th January, 1964. The decree-holder opposite party No. 1 filed another suit in T. S. No. 1171/62 for recovery of possession in the 8th court, Sub-ordinate Judge, Alipore and was decreed on 3rd October, 1969. After the decree the opposite party No. 1 levied execution case No. 6/76 against the Judgment-debtors in the 8th court of the Sub-ordinate Judge, Alipore and allegedly had taken delivery of possession with police help on 28th May,1977. Subsequently, the opposite party No. 1 said