Heard Mr. B. Ullah, learned counsel for the petitioners and Mr. B. Hussain, learned counsel for the respondent.

2. By filing the present application under section 115 read with section 151 of the Code of Civil as well as under Article 227 of the Constitution of India, the petitioners have assailed the order dated 29.07.2015 passed by the learned Civil Judge, Kamrup (Rural), Amingaon in TS 268/14. The sole had defendant had expired during the pendency of the suit and by the said order impugned herein, the substitution petition filed by the respondent- plaintiff was allowed.

3. Earlier, the suit was proceeding before the Court of Civil Judge No.2, Guwahati, where it was registered as TS No. 131/06. In course of time, Civil Courts were established in the newly created District of Kamrup (Rural) at Amingaon and the suit was re-registered as T.S. No. 268/14. In the said suit, the PW-1 was examined and the evidence was closed. On 25.09.2007, the predecessor-in- interest of the present petitioners, who was the sole defendant in the suit had also filed his Evidence-On-Affidavit as well as Evidence-on- affidavit by his other witnesses. On the same day, the respondent's side had filed a petition praying for review of the previous order dated 21.08.2007 passed in the suit with a prayer to allow the predecessor-in-interest of the respondent herein to examine further two witnesses. Together with the said petition, two evidence-on- affidavit by PW-2 and PW-3 were also filed. The said review petition dated 25.09.2007 was allowed by order dated 05.04.2008 passed by the learned Civil Judge No.2, Guwahati. The predecessor-in-interest of the present petitioners had preferred an appeal against the said order dated 05.04.2008, which was also dismissed by the Court of learned District Judge, Guwahati by order dated 05.12.2008 passed in misc. Appeal No. 7/2008. Thereafter the predecessor-in-interest of the present petitioners challenged the said order dated 05.12.2008 before this Court by filing CRP No. 53/2009.

4. During the pendency of the said CRP No. 53/2009, by an order dated 20.03.2009, the further proceedings of TS 131/06 was stayed by order dated 20.03.2009. However, as during the pendency of the said revision, the predecessor-in-interest of the petitioners, who was the sole petitioner therein had died on 21.11.2009. Accordingly, the present petitioners along with one Mrs. Sabila Khatun had filed a substitution application before this Court and accordingly, the name of the petitioners along with the said Mrs. Sabila Khatun was substituted by virtue of order dated 17.02.2010 passed by this Court in M.C. No. 340/10. The substituted petitioner No.1 in CRP No. 53/2009 also died on 07.02.2010 and accordingly, her name was stuck off by order dated 30.03.2010 passed by this court in MC 633/10.

5. Later on, the said CRP No. 53/09 came to be dismissed by this court by order dated 30.10.2014, with a direction to the learned trial court to dispose the suit preferably within a period of 6 months from the date of receipt of the records. The parties were directed to appear before the learned trial court on 20.11.2014.

6. After the proceedings of T.S. No. 131/06 was re-started, on 28.11.2014, the learned counsel for the deceased sole defendant i.e. the predecessor-in-interest of the petitioners filed a petition before the Court of Civil Judge No.2, Guwahati under the provisions of Order XXII Rule 10-A of the Code of Civil Procedure, informing the learned trial court about death of sole defendant. Be it stated that the present petitioners did not appear in the suit. Moreover, in the present revision application, the date of verification is mentioned as 28.11.2015, which ought to be 28.11.2014. In the meanwhile, the case records were transferred to the Court of Civil Judge, Amingaon and TS No. 131/06 was renumbered as TS No. 284/14.

7. On coming to know about the same, on 07.01.2015, the respondent- plaintiff had filed a substitution petition u