Ujjal Bhuyan, J.

1. Heard Mr. N.N. Karmakar, learned counsel for the petitioner. None appears for the respondents. This is an application under Article 226 of the Constitution of India challenging the legality and validity of order dated 12.12.2005 passed by the learned Civil Judge (Senior Division) No. 2, Guwahati rejecting the petition filed by the petitioner for dismissal of the suit.

2. A brief narration of the facts may be necessary.

3. A suit was filed by respondent No. 1 as plaintiff, wherein the petitioner was the defendant, in the Court of Civil Judge (Junior Division) No. 1, Guwahati for declaration of right, title, interest and recovery of possession of the suit land by evicting the defendant (petitioner) and for permanent injunction. The suit was registered as Title Suit No. 182/2003. Defendant entered appearance on receipt of notice and filed written statement. Stand was taken that the suit land was purchased by the defendant by a sale deed.

4. Plaintiff i.e. respondent No. 1 thereafter filed an application for amendment of the plaint. It was contended that after filing of written statement by the defendant, plaintiff came to know that the proforma defendant had ex