I.A. Ansari, J.

1. This revision has arisen out of the order, dated 29.08.2002, passed by learned Civil Judge(Sr. Divn.) No. 2, Guwahati, in Title Execution No. 2/2001 arising out of Title Suit No. 22/84, whereby the Petitioner's application made under Order 21 Rule 99 and 101 read with Section 151 Code of Civil Procedure was rejected.

2. In a nutshell, material facts and various stages, which have led to rise to this revision, may be narrated as follows:

For execution of the decree granted in Title Suit No. 22/84, Title Execution No. 2/01 aforementioned was commenced, the opposite party Nos. 1 to 8 being the decree holders and opposite party No. 9 being the judgment debtor. The Petitioner, who was not a party to the suit or to the execution proceeding, made an application in the execution proceeding under Order 21 Rule 99 and101 read with Section 151 of the Code of Civil Procedure, his case being that he had been in occupation and use of a portion of the suit property since 1972 by constructing his dwelling house thereon, which he had let out to tenants, but he was never made a party to the suit and though he was a stranger to the suit, he was, now, being sought to be evicted