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 sid