By this Civil Revision Petition filed under Article 227 of the Constitution of India, the petitioners, who are defendant Nos.2 to 9 in Title Suit No.17/2015, question the order dated 06.12.2016 (Annexure-5) passed by the learned Civil Judge, Darrang, Mangaldai, in Title Suit No.17/2015, whereby the learned Civil Judge rejected the application filed by the petitioners under Order 14 Rule 1 of the CPC for framing preliminary issues.

2. In the suit filed by the plaintiffs, numbering 10, the defendant No.1 is one Sri Subhkaran Jain. As noticed earlier, defendant Nos.2 to 9 are the present petitioners. Plaintiff Nos.9 and 10 are minors and they are sons of Late Sanjay Kyal. The mother of plaintiff Nos.9 and 10 is Smt. Chanchal Devi Agarwal @ Sureka @ Kyal and she is the plaintiff No.8 in the said suit. The following recital appears in the array of parties in respect of plaintiff Nos.9 and 10:

“Plaintiff Nos. 9 and 10 are the minor sons of Late Sanjay Kyal and as such they are represented by their mother Smt. Chanchal Devi Agarwal @ Sureka @ Kyal.”

3. The case projected in the plaint is that the predecessor-in-interest of the plaintiffs, Late Mirzamal Agarwal alias Sureka