JUDGMENT :

Sanjay Kumar Medhi, J.

1. By this application filed under Article 227 of the Constitution of India, the supervisory jurisdiction of this Court is sought to be invoked in challenging an order dated 07.02.2015 passed in Petition No. 8299/2013 and Petition No. 8298/2013 arising in Title Suit No. 26/2007 by the learned Court of the Munsiff No. 1, Kamrup (M). By the aforesaid order, the application filed by the present petitioner, as plaintiff under Order XXII Rule 3 and 9(2) of the Code of Civil Procedure, 1908 (hereinafter the CPC) with another petition filed under Section 5 of the Limitation Act, 1963 for condonation of delay have been dismissed.

2. To examine the validity and legality of the impugned order dated 07.02.2015, it would be convenient to place on record the brief facts of the case.

3. The projected case of the petitioner is that the petitioner, as plaintiff had instituted a Title Suit being T.S. No. 52/2003 in the Court of the learned Civil Judge (Sr. Division) No. 2, Kamrup (later on transferred to the learned Court of the Munsiff No. 1, Kamrup and renumbered as Title Suit No. 26/2007) against present respondent No. 1, late Pranab Choudhury, the predecessor of th