By this revision petition under Section 115, Civil Procedure Code, the petitioners have challenged the ap­pellate order of learned District Judge, L. A. D., at Gauhati in an injunction matter.

2. The petitioners' case, inter alia, was that the defendant obtained an ex parte decree on 15-4-50 for eviction from 55 and odd bighas of land and also for arrear of rent against 3 persons, namely, Dina Bandu, Gopi Mohan and Raiendra. The petitioners were not parties in that decree. That they were occupancy tenants in respect of 33 bighas of land covered by that decree and that said ex parte decree was obtained frau­dulently. On these allegations that peti­tioners filed Title Suit 94/66 in the court of the Assistant District Judge, Gauhati, for declaration that the decree dated 15-4-50 in Title Suit No. 75 of 1949 of the Court of Subordinate Judge, L. A. D Gauhati was not binding on and execu­table against the plaintiff-petitioners. They also prayed for declaration that they were occupancy tenants in respect of the land described in the schedule to the plaint and for granting perpetual in­junction restraining the defendant-op­posite party from executing the afore­said decree against the plain

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