The petitioner obtained an ex parte ejectment decree against the opposite party in Ejectment Suit No. 34 of 1971 in the Court of the learned Judge, 2nd Bench, City Civil Court, Calcutta on 28th of August, 1974. The suit was filed on the grounds of default, sub-letting and also for reasonable requirement. Against the said ex parte decree the opposite party started a Miscellaneous Case No. 843 of 1974 under the provision of Order 9, Rule 13 read with section 151 of the Code of Civil Procedure for setting aside the said ex parte decree but the same was dismissed on contest on 9th September, 1976 which order also affirmed by this Court in F. M. A. No. 284 of 1977. The said ex parte decree was subsequently put into execution. The opposite party filed objection under section 47 read with section 151 of the Code of Civil Procedure and that gave rise to Miscellaneous Case No. 377 of 1981. It was contended by the opposite party in his said objection under section 47 of the Code of Civil Procedure that the said ex parte decree was a nullity as the Court had not come to any finding at all as to whether any of the alleged grounds for eviction as made in the plaint had been proved and a