JUDGMENT :

1. Heard Mr. P.K. Kalita, the learned senior counsel appearing for the petitioner and Mr. M.K. Sharma, the learned counsel appearing on behalf of the respondent.

2. This is an application under article 227 of the Constitution of India challenging the order dated 6.12.2018 passed in Misc. (J) Case No. 509/2017 arising out of Title Suit No. 84/2011, insofar as the rejection of the application under order VI, rule 17 of the Civil Procedure Code, 1908 is concerned.

3. The factual matrix for the purpose of disposal of the instant proceeding is that the plaintiff had filed a suit being Title Suit No. 84/2011 before the Court of the Civil Judge No. 1, Kamrup (M) at Guwahati, which was subsequently endorsed to the Court of the Civil Judge No. 2, Kamrup (M) at Guwahati for disposal. In the said suit the plaintiff prayed for declaration of right, title and interest of the plaintiff and for confirmation of possession in respect to the suit land; to declare all sale deeds, power of attorney and other related documents, which were produced and relied upon by the defendant Nos. 1 and 2 as void ab initio and not binding on the plaintiff; for recovery of possession and permanent injunction