Kalyan Rai Surana, J.

1. Heard Mr. Rup Jyoti Bordoloi, learned counsel for the petitioners and Mr. Kaushik Pathak, learned counsel for the respondent. By filing the present application under Article 227 of the Constitution of India, the petitioners have challenged the order dated 06.08.2016 passed by the learned Civil Judge, North Lakhimpur in M.S. No. 5/2015, by which the suit was dismissed after framing preliminary issue of whether the suit is maintainable in law or not. The learned counsel have been heard at the admission stage and owing to the nature of dispute, which arises on the issue of law, no requirement is felt to call for the records from the learned trial court.

2. The brief introductory fact is that in the plaint it is alleged that the respondent herein had allegedly made defamatory statement against the petitioner in connection with a land acquisition compensation proceeding pending before the Additional Deputy Commissioner, Lakhimpur and also before the neighbours against the petitioners. Aggrieved thereby, the petitioners had instituted a suit for claiming damages/compensation of Rs. 50,00,000/- for suffering defamation. The said suit was registered as Mone