JUDGMENT :

1. Heard Mr. Z. Mukit, learned counsel for the petitioner. Also heard Mr. N. Alam, learned counsel for the respondents.

2. The present application has been filed under Section 115 read with Section 151 of the CPC, 1908 challenging the order dated 25.04.2014 passed in Title Suit No. 17/2014 by the leaned Civil Judge No. 1, Kamrup, Guwahati, whereby the learned Court below did not entertain the prayer of the petitioner to reject the plaint for alleged non-disclosure of any actionable cause.

3. The present petitioner is the defendant No. 1 in the Title Suit No. 17/2014 filed by the respondent Nos. 1 and 2 herein. The said suit was filed for declaration, cancellation of certain gift deeds, for partition, recovery of possession and permanent injunction.

4. It has been stated that a petition was moved by the present petitioner (respondent in the said Title Suit No. 17/2014) under Order 7 Rule 11 read with Section 151 of the CPC praying for rejection of the plaint on the ground there is no adjudicable cause of action against the defendants inasmuch as there was no adjudicable right of the plaintiffs and the proforma defendant over the suit properties.

5. It was also contended that t