JUDGMENT :

Heard Mr. B. Dutta, learned senior counsel for the petitioners.

2. The petitioners namely, Satyanarayan Agarwal and Prakash Kumar Baid are arrayed as defendants No. 1 and 2, respectively in Title Suit No. 55/2022 in the Court of learned Munsiff, Tinsukia. Title Suit No. 55/2022 had been instituted by the School Management Committee Tinsukia English Academy as plaintiff No. 1, Raman Agarwal being the President of the School Management Committee as plaintiff No. 2 and Ram Ekbal Yadav being the Secretary of the School Management Committee as plaintiff No. 3. In the suit the Tinsukia English Academy Society and Manav Kalyan Trust respectively are arrayed as proforma defendants. In the suit, the petitioners herein made an application under Order VII Rule 11 of the CPC for rejection of the plaint which was registered as Misc. (J) Case No. 67/2023. Misc. (J) Case No. 67/2023 was given a final consideration by the order dated 12.10.2023 and taking note of the provisions of Order VII Rule 11 read with Section 151 of the CPC, the Court was of the view that it was not a fit case for rejection of the plaint and accordingly, Misc. (J) Case No. 67/2023 was rejected. Being aggrieved, thi