The judgment of the Court was as follows :-

Both these two revisional applications have been heard analogously and would be governed by the following order.

2. Both the applications arise out of the order dated 24.756 passed by the learned Judge-in-Charge, Bench No.5, City Civil Court, Calcutta in Misc. Case No. 556 of 1996, filed by M/s. Capstan Shipping Estate (P) Ltd , the O.P. No.2 in C.O. No. 1649 of 1996 and petitioner in C. O. No 1650 of 1996 under Order 21 Rule 101 read with Section 151 CPC praying for adjudication of its right, title and interest in respect of the disputed property and for dismissing the ejectment execution case No 28 of 1996 pending in the said Court By the Impugned order the learned Judge has held that in view of the facts and circumstances of the case the application under Order 21 Rule 101 CPC does not lie but at the same time he has held that an enquiry into the matter should be made under Section 151 CPC. It is his categorical finding that although the Misc. Case dose not specifically lie under Order 21 Rule 101 CPC but the said Misc. Case is maintainable in law, under Section 151 of the CPC. The reasonings given by the learned Trial Judge may