In this application under Article 227 of the Constitution of India, petitioner has challenged the order dated 19.12.2011 passed by the learned Munsiff No. 1, Cachar at Silchar in Misc.(J) Case No.115 of 2010 arising out of Title Suit No. 58 of 2010 thereby rejecting the application filed by the plaintiff for impleading legal heirs of deceased defendant No. 4 in the suit.

2. The petitioner herein as plaintiff instituted Title Suit No. 58 of 2010 in the court of learned Munsiff No.1, Cachar at Silchar against one Monoranjan Das as principal defendant and as many as 14 defendants therein praying for declaration of his right, title and interest and for prohibitory injunction restraining the defendants. After service of summons in the suit, plaintiff as petitioner filed application under Order VI Rule 17 of the Code of Civil Procedure for deleting the name of proforma defendant No. 4 and for impleading his legal heirs in his place on the ground that at the time of institution of the suit, the said defendant No.4 had already expired and so wrongly his name was incorporated in the body of the plaint as proforma defendant No. 4. According to plaintiff, he came to know about death