By this application under article 227 of the Constitution of India, defendants in Title Suit No. 340 of 2014 of the Court of learned Munisff No. 3, Kamrup (M), Guwahait has challenged the order dated 10.03.2014 whereby prayer of the petitioners / defendants for examining one Suratan Nessa as DW3 was rejected by the learned trial Court.

2. Predecessor of the opposite parties No. 1(a) to 1(f) as sole plaintiff instituted Title Suit No. 340/2014 in the Court of learned Munsiff No. 3, Kamrup(M) at Guwahati against the predecessor of the present petitioner and others praying for a decree for declaration of his right of pre-emption in respect of Schedule-B land alongwith other prayers including prayer for adjudging sale deed No. 3766/2009 dated 01.04.2009 as null and void, illegal, inoperative, etc. On being summoned the defendants appeared and by filing written statement contested the claim of the plaintiff not only in regard to pre-emption but also as to legality and validity of the aforesaid sale deed. Issues were framed and parties were put to prove their respective cases. Plaintiff examined his witnesses and thereafter the case was fixed for evidence by the defendants’