( 1 ) THIS appeal is directed against an order passed by His Lordship Sujit Kumar Sinha, J on 25th February, 1997 whereby his Lordship held that the decree passed by the Hon'ble Court on 5th september, 1985 is a nullity.

( 2 ) FACTS of the case briefly are as follows: appellants instituted a suit against the respondent No. l in the Alipore court in or about July, 1985 inter alia praying for recovery of has possession of the suit premises and for mesne profit from 1st July, 1985 till delivery of possession of the suit premises. The said suit was transferred to this Hon'ble court and was renumbered as Extra ordinary Suit No. 8 of 1985. In the said suit on 26th August, 1985 on an application of the appellants herein the hon'ble Court appointed a Receiver in respect of the suit premises. On 5th september, 1985 an application under Chapter XIIIA of the Original Side rules of this Court was filed by the appellants and a final judgement and decree was passed. The operative portions of the said decree are as follows: "it is ordered and decreed that the respondent do deliver up to the plaintiffs khas and/or vacant, quiet and peaceful possession of the demised prem