” In this application under Section 115 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure read with Article 227 of the Constitution of India, the petitioner, namely, Sri Bhopal Thapa who is defendant No.8 in Title Suit No. 343 of 2011 has challenged the order dated 02.07.2014 rejecting the prayer for holding the suit as not maintainable.

2. To understand the case it is necessary to state the essential facts. The plaintiff Sri Girijesh Tiwari instituted Title Suit No. 343 of 2011 in which one Deepak Kumar Jain was arraigned as defendant No.1. Central Bank of India was impleaded as Defendant No.2 where as the defendant Nos.3 & 8 are private opposite parties. It is the case of the plaintiff that one Smt. Charu Prabha Baruah became owner of a plot of land measuring 1 Bigha covered by Dag No. 351 of K.P. Patta No. 87 in Revenue Village Jyotikuchi in Beltola Mouza, Kamrup, Guwahati, by purchasing the same from its original owner Guna Ram Mikir vide registered deed dated 04.06.1967. This Guna Ram Mikir was the father of the defendant No.3 in the present case. The seller handed over the possession of the land to Charu Prabha Baruah following executio