JUDGMENT :

1. Heard Mr. N. Haque , learned counsel for the petitioners.

2. This matter was heard at length on 20.3.2023 on which date Mr U.C. Rabha learned counsel for the respondent concluded his argument. Mr. Haque, learned counsel for the petitioner advanced his reply argument today.

3. The present application is filed assailing an order dated 19.4.2022 passed by the learned Munsiff No.1, Barpeta in Petition No. 193/2022 (arising out of Title Suit No.68/2017).

4. The said Petition No.193/2022 was filed by the plaintiff in Title Suit No. 68/2017 under Order 26 Rule 10 A read with Order 13 Rule 10 and Section 151 of the CPC,1908 and u/s 45 of Indian Evidence Act,1872. Such petition was rejected by the impugned order dated 19.4.2022, by the learned trial court.

5. The facts in a nutshell leading to filing of the present application can be summarised as follows:

I. The petitioners as plaintiffs instituted a suit being Title Suit No. 68 of 2017 in the Court of learned Munsiff No. 1, Barpeta against the respondent herein for declaration of right, title and interest over the Schedule B land and for khas possession over the Schedule-B land.

II. It is the pleaded case of the plaintiff that orig