Debangsu Basak, J.

This revisional application at the instance of the plaintiff was directed against Order No. 37 dated March 4, 2003 passed by the Court of the 1st Additional District Judge at Alipore. The plaintiff filed a suit against Dulari Devi, since deceased and the opposite party Nos. 3 and 4 for ejectment of licensee and damages before the learned 3rd Additional Civil Judge (Junior Division) at Alipore. Such suit was registered as Title Suit No. 84 of 2001.

Dulari Devi, since deceased entered appearance and filed written statement. The suit was dismissed on July 31, 2007. An appeal was preferred which was pending. In such appeal an application under Order 41 Rule 27 of the Code of Civil Procedure, 1908 was filed.

Dulari Devi, since deceased during her lifetime filed a suit being Title Suit No. 222 of 1998 on June 2, 1998 against the predecessor-in-interest of the plaintiff before the learned 2nd Civil Judge (Senior Division) at Alipore praying for declaration of tenancy right on the ground that, the predecessor-in-interest of the plaintiff did not have any right, title and interest in respect of the suit property.

Dulari Devi died on February 24, 2010. The Opposite P