Jyotirmay Bhattacharya, J.

1. While this stay application filed in connection with the First Miscellaneous Appeal was taken up for hearing, we were requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit. We are informed by the learned counsel appearing for the parties that all papers necessary for disposal of the appeal are available on record and as such, we have decided to dispose of the appeal itself on merit on the basis of the materials available before us by dispensing with the requirement of filing paper books in this appeal.

2. Let us now consider the merit of the instant first miscellaneous appeal in the facts of the present case.

3. The appellants herein who was the defendants in a suit for eviction filed an appeal being Title Appeal No. 79 of 2008 before the learned First Appellate Court for challenging the eviction decree passed against them by the learned Trial Court. The appeal matured for hearing. Despite adjournments were granted to the appellants on two or three occasions, the appellants were not ready in participating in the hearing of the appeal on 5th March, 2014 which was peremptorily fixed for hearing of the