1. Heard Mr. I. Chowdhury, learned counsel for the petitioners. Also heard Mr. P.C. Dey, learned counsel for the sole respondent.

2. By filing this application under Section 115 of the Code of Civil Procedure and under Article 227 of the Constitution of India, the petitioners have challenged the impugned order dated 09.12.2015 passed by the learned Civil Judge No. 3, Guwahati in Misc.(J) Case No. 65/2014, arising in connection with T.S. No. 223/2012.

3. In order to appreciate the issues involved in this revision, it is necessary to state a summary of the case of the parties before the learned trial court:-

a. The petitioner No. 1 herein is the plaintiff in T.S. No. 223/2012. Sri Maneswar Sargiari (Boro) was the arrayed as the defendant No. 1 in the said suit, who is not a party in this revision. Smt. Sunita Devi Jalan and Smt. Prachir Jalan were arrayed as Proforma defendants No. 2 and 3 in the suit, but they are not the parties in this revision. Later in point of time, the sole respondent herein was impleaded in the suit as defendant No.2.

b. The suit was for declaration, recovery of possession and permanent injunction.

c. In the plaint, it was projected that the plai