1. This is an application under Article 227 of the Constitution of India challenging the order no.103 dated 17th January, 2012 passed by the ld. Civil Judge (Junior Division) 3rd Court at Alipore, in Misc. Case No.59/1999 arising out of T.S. No.72/1998.

2. It is the case of the petitioner that they being landlords filed said suit for eviction on the ground of default and reasonable requirement against the O.P.s. being tenants. It is further case that in spite of service of summons none of the O.P. defendants appeared and the suit proceeded exparte and ultimately decreed on 19th April, 1999. Later on one of the defendants being O.P. No.1 filed a misc. case under Order 9 Rule 13 of the Code of Civil Procedure alleging that no notice was served and that the exparte decree dated 19th April, 1999 should be set aside. The petitioner plaintiffs contested said misc. case by filing written objection denying material allegations of the same. However, ld. trial court allowed said misc. case by the order impugned dated 17th January, 2012. Being aggrieved with said order of allowing said misc. case the present revisional application has been filed.

3. Mr. Bhattacharya appearing for the pe