JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved and dissatisfied with order no. 21 dated 15.02.2023 passed by Learned Civil Judge (Senior Division), Jalpaiguri, in Title Suit no. 65 of 2022, present application under Article 227 of the Constitution of India has been preferred. By the impugned order Learned court below allowed the petitioner’s (opposite party no 5 herein) application under order I Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter called as CPC).

2. Petitioners contended that the petitioners as plaintiffs instituted aforesaid suit for declaration of title, eviction, recovery of khas possession, cancellation of sell deeds of the defendants and for injunction along with other reliefs. In the plaint plaintiffs have pleaded as to how plaintiffs acquired the suit property measuring about 0.3146 acres by way of registered deeds of conveyance executed by their vendors. Their names have been duly recorded in the L.R Record of Rights. It has also been pleaded in the plaint that defendants have forcibly entered into the suit property and forcibly dispossessed the petitioners/plaintiffs on 15.02.2022. Plaintiffs have further disclosed in the plaint that in the la