(1.) The instant application under Sec. 115 of the Code of Civil Procedure is directed against an order No. 20 passed on September 8, 1992, by the learned Munsif, Second Additional Court, Alipore, 24 -Parganas (S) in Title Execution case No. 25 of 1991 arising out of Title Suit No. 186 of 1986.
(2.) The Plaintiff Petitioner filed a title suit being Title Suit No. III of 1985 in the Second Court of Munsif, Alipore, which was subsequently, on transfer, renumbered as Title Suit No. 186 of 1986. The said Title Suit was decreed in favour of the Plaintiff Petitioner. The Defendant opposite party preferred an appeal being Title Appeal No. 32 of 1990 before the learned District Judge, Alipore, and the said appeal was dismissed for default. On June 19, 1991, an application for restoration of the appeal was filed by the Defendant opposite party which is still pending.
(3.) The plaintiff made several attempts for amendment of the schedule to the plaint and the decree but all those attempts failed. Thereafter the Plaintiff filed an application for execution of the decree passed in Title Suit No. 186 of 1986 on or about July 1, 1991. By execution of the decree on June 28, 1992, the Petitioner was given possession of the suit property with the help of the bailiff and, thereafter, the Defendant opposite party filed an application for restoration of the possession of the room delivered in execution of the decree, and the said prayer for restoration was allowed by the order impugned in this application on September 8, 1992.