B.D. Agarwal, J.

1. This revision petition is at the instance of the plaintiffs. The petitioners are challenging the legality and correctness of the order dated 4.4.2009, passed by the learned Munsiff, Tezpur, in Title Suit No. 49 of 2007, whereby, the learned trial Judge expunged the affidavit evidence of PW-3, who, incidentally was impleaded in the suit as proforma defendant No. 1. Heard Sri P Sundi, learned counsel, for the petitioners as well as Sri R Bordoloi, learned counsel for the sole respondent/principal defendant.

2. The learned counsel for the petitioners submitted that both the parties in the suit are related to each other. The main contest is between the plaintiffs and their uncle. For a fair decision of the suit, the cousin of the plaintiffs, being the children of the brother of the defendant, they were also impleaded in the suit as proforma defendants. The proforma defendants are the brother and sisters.

3. After receiving summons from the Court, none of the proforma defendants contested the suit or filed their written statements. However, the proforma defendant No. 1 gave his affidavit evidence as PW-3, in favour of the plaintiffs. However, the learned Munsiff