1. Heard Mr. S. Ali, the learned counsel for the petitioner and Mr. M. Choudhury, the learned Senior Counsel assisted by Mr. M. Mahanta, appearing for the respondent.

2. The challenge in the present application under Article 227 of the Constitution of India read with section 151 of the Civil Procedure Code (hereinafter referred to as “the Code”), is the order dated 14.02.2017 passed by the learned Munsiff No. 2, Kamrup (Metropolitan), Guwahati, in Title Suit No. 123/2009, by which the prayer made by the petitioners to submit written statement and to allow them to adduce evidence along with fresh exhibits was rejected.

3. Owing to the nature of challenge, I do not deem it fit to burden this judgment with the pleadings of the parties. It would be sufficient to state that the petitioners herein are substituted legal representatives of the defendant No. 1, namely, Md. Faizur Rahman, who had died on 03.02.2016. During his life time, Ahidur Rahman, who the petitioner No. 3 herein had submitted his evidence-on-affidavit as the supporting witness on behalf of the defendant No. 1.

4. After the death of the defendant No. 1, the petitioners were not given any opportunity by t