Heard Mr. S. Banik, the learned counsel for the petitioners as well as Mr. P.K. Roy, the learned counsel for the respondents. The names of Respondents No. 3 to 9 were struck of by virtue of order dated 25.07.2016.

2. By filing this application under Article 227 of the Constitution of India, the petitioners, who are the defendants in TS No. 31/2015, has challenged the order dated 21.04.2016, passed by the learned Civil Judge, Tinsukia, in Misc. (J) Case No. 75/2015 arising in TS No. 31/2015, thereby dismissing the petition filed under Order VII Rule 11 read with section 151 CPC for rejection of plaint.

3. The petitioners herein are the defendants in TS No.30/2015, which was filed by the respondents herein. The said suit was for declaration that the plaintiffs are legal heirs of Late Abdul Hamid Ansari along with the proforma defendants in respect of his estate including the suit premises and for declaration of their rights along with the proforma defendants in respect of the suit premises, for declaration that the judgment and decree dated 05.03.2007 passed by the learned Court of Munsiff at Tinsukia in TS No. 21/1994 [TS 73/1989 (Old)] is non- operative and not ma