1. THIS Rule is directed against Order No. 114 dated Way 29, 1982 passed in Title Suit No. 165 of 1969 and order No. 10 dated May 29,1982 passed in Title Execution case No. 85 of 1981 by the learned Munsif, 5th Court, Alipore. By the said orders, the application made by the petitioner in Title Suit No. 165 of 1969 for fixing the date of hearing of the said Title Suit and the Application made by the petitioner in Title Execution Case No- 85 of 1981 for striking off the execution proceeding were disposed of by the learned munsif and both the said petitions made by the petitioner were rejected.

2. THE relevant facts relating to the said petitions may be summarised as follows:-On September 12, 1973, the opposite party filed Title suit No. 165 of 1969 against the petitioner and one Sm. Kumudini Debya for declaration of title, permanent injunction and recovery of possession. The said suit was decreed ex parte on September 12 1973. The petitioner and Sm. Kumudini Debya made an application under Order 9 Rule 13 of the Code of Civil procedure on October 29, 1973 for setting aside the said ex parte decree and on the said application, Misc. Case No. 120 of 197 3 was started. Srm. Kumu