Prasenjit Mandal, J.

1. THIS application is at the instance of the defendants and is directed against the order dated April 6, 2001 passed by the learned Additional District Judge, Tenth Court, Alipore in Misc. Appeal No.52 of 1999 thereby rejecting the misc. appeal and confirming the judgment and order passed by the learned Trial Judge in Misc. Case No.45 of 1987 arising out of the Title Suit No.94 of 1967.

2. THE opposite party/plaintiff filed a title suit being Title Suit No.94 of 1967 for declaration and other reliefs. In that suit, the defendants appeared and they were contesting the said suit by filing a written statement. Accordingly, issues were framed. But, at the time of peremptory hearing of the suit, the defendants did not appear and for that reason, the said title suit was decreed ex parte on September 9, 1971. Thereafter the defendants filed an application under Order 9 Rule 13 of the Code of Civil Procedure, which was registered as Misc. Case No.42 of 1971. That misc. case was dismissed for default on December 16, 1972. For that reason, the defendants filed another misc. case being Misc. Case No.45 of 1987 on August 11, 1987, i.e., after lapse of about 15 yea