( 1 ) A suit was filed for eviction of a monthly premises tenant under the West Bengal Premises Tenancy Act on the ground of default in payment of rent. The suit was decreed. The judgment and the decree passed by the trial court were upheld in the first and the second appeals. The plaintiff decree holder put the decree into execution. The defendant judgment debtor raised objection as to the executability of the decree by filing an application under section 47 CPC before the executing court. The said application was registered as a Misc. case. The case that was sought to be made out in that Misc. case may be stated as follows. The description of the defendant in the plaint and the application for execution of the decree is wrong and as such, no decree could be passed in the suit and the decree is inoperative inasmuch as the plaintiff decree holder did not take any step for rectification of the mistake. The decree was invalid and illegal for the following reasons. The decree has been obtained by practising fraud upon the court. The suit not having been filed under any of the sub sections of section 13 of the West Bengal Premises Tenancy Act was not maintainable. The