(1.) THIS is an application under Article 227 of the Constitution of India preferred against Order No. 9 dated July 24, 2006 passed by Mr. S.A. Ansari, learned Single Judge (Junior Division) at jalpaiguri in Title Suit No. 148/2006.

(2.) BRIEFLY, petitioners case is that he brought Title Suit No. 148 of 2006 against opposite party Nos. 2 and 3 as defendant Nos. 1 and 2 and opposite party Nos. 4 to 12 as proforma defendant Nos. 3 to 11, for declaration of tile, perpetual injunction and consequential reliefs. On June 20,2006, the petitioner jointly with opposite party Nos. 2 and 3 (proforma defendants there) filed an application for compromise of the suit under Order 23 Rule 3 of the Code of civil Procedure for passing a compromise decree. On the same day, the petitioner also filed another application under order 6 Rule 17 of the Code of civil Procedure for amendment of the plaint and on the other hand, the proforma defendant Nos. 3 to 12 also filed another application under Order 1 rule 10 (2) of the Code of Civil Procedure for their transposition to the category of co-plaintiffs. Subsequently, on July 14, 2006, the present opposite party no. 1, Shri Sudama Majhi filed an