JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. P.C. Dey, the learned counsel appearing on behalf of the petitioner. Also heard Mr. R.K. Bhuyan, the learned counsel appearing on behalf of respondent No. 1 and Mr. A. Sattar, the learned counsel appearing on behalf of respondent No. 2.

2. This is an application filed under Article 115 read with Section 151 of the Code of Civil Procedure, 1908 challenging the order dated 05.08.2015 passed by the Munsiff No. 1, Kamrup (M) at Guwahati whereby the petition No. 4184/2015 filed in Title Suit No. 384/2012 by the plaintiff for amendment of the plaint was allowed.

3. At the outset, the learned counsel for the petitioner had submitted that the instant proceedings ought to have been a proceeding under Article 227 of the Constitution taking into account the limited scope and ambit of Section 115 post the 2002 Amendment. Taking into account the said submission and also to the effect that the matter has been pending since long before this Court and it would not be proper to dismiss the petition on the ground of maintainability, this Court converts the instant proceeding to a proceeding under Article 227 of the Constitution.

4. The facts of the instant case