(1.) THIS first miscellaneous appeal is at the instance of the plaintiffs in a suit for declaration and permanent injunction and is directed against Order No. 31 dated 26th March, 2008, passed by the learned Trial Judge thereby dismissing an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the appellants on contested herein.
(2.) BEING dissatisfied, the plaintiffs have come up with the present first miscellaneous appeal. The appellants filed against the respondents in the City Civil Court at Calcutta, a suit being Title Suit No. 1135 of 2007 thereby praying for the following relief:
(3.) THE case made out by the plaintiffs in the said suit may be summed up thus: