1. This appeal is directed against the order dated 28.04.2016 passed by the learned Civil Judge (No. 1), Kamrup in Title Suit No. 100/2015 dismissing the suit of the plaintiff on the preliminary issue of maintainability.

2. The appellant as plaintiff filed the suit for declaration of right, title, interest, partition and recovery of possession. The case of the plaintiff was that the suit property originally belonged to one Sashi Mohan Dev. After death of Sashi Mohan Dev, the property including the suit property of said Sashi Mohan Dev devolved upon his 7 legal heirs and the property left by Sashi Mohan Dev was partitioned amongst his 7 legal heirs. Late Subodh Kumar Dev, the predecessor in interest of the parties to the present suit was one of the son and legal heir of Sashi Mohan Dev and after the family partition, Sobodh Kumar Dev had been possessing the suit property having fallen in his share and after death of Subodh Kumar Dev, the property left by Sobodh Kumar Dev was inherited by the plaintiff, and her brother, Somnath Dev, predecessor of the defendants.

3. The plaintiff was married to a bank officer and as such, she had to remain outside Guwahati with her husband. T