The order dated 30th March, 2007 passed by the learned Civil Judge, (Senior Division), 8th Court, Alipore, in Misc. Appeal No. 241 of 2005 and affirming the order dated 20th April, 2005 passed by learned Civil Judge, (Junior Division), 1st Court, Alipore in Misc. Case No. 62 of 1997 dismissing the petitioners’ petition under Order 9 Rule 13 C.P.C. is under challenge.

2. I have heard Mr. Aniruddha Chatterjee, learned Advocate appearing for the petitioners and Mr. S. Chakraborty, learned Advocate for the opposite parties.

3. The opposite party Nos. 1, 2 and 3 filed Title Suit being No. 107 of 1989 before the learned 1st Munsif at Alipore praying for recovery of Khas possession of the property on the ground of default and reasonable requirement of the suit premises for the plaintiffs. The suit was earlier decreed ex parte on 19th February, 1991 and the present petitioner filed a Misc. Application under Order 9 Rule 13 C.P.C. in Misc. Case No. 33 of 1991 and the suit was restored by allowing the application by an order dated 4th July, 1992. Then again when the suit came up for hearing the petitioner as defendant did not appear as the suit was decreed ex parte on 26th July, 1996 a