JUDGMENT :

Heard Mr. P. P. Baruah, the learned counsel for the appellants and Mr. D. Choudhury, the learned counsel appearing on behalf of the respondents.

2. This is an application under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) against the judgment and decree dated 03.10.2002 passed in Title Appeal No.3/2002 by the Court of the Civil Judge, (Senior Division), Barpeta whereby the judgment and decree dated 21.12.2001, passed in Title Suit No.2/2000 by the Court of the Civil Judge, (Junior Division), Bajali at Pathsala was reversed thereby allowing the appeal.

3. This appeal was admitted on 25.04.2003 by formulating two substantial questions of law which are quoted herein under :-

1. Whether the lower appellate court erred in law in decreeing the suit of the respondents-plaintiffs by declaring their right, title and interest in the suit land on the basis of Ext.4, a document of transfer of possession thereof?

2. Whether the learned lower court erred in law in declaring the suit of the respondents-plaintiffs in absence of the owner of the suit land in view of the Order-1, Rule 9 of CPC?

4. For the purpose of deciding as to whether the said substantial question