JUDGMENT :

DEVASHIS BARUAH, J.

1. The instant application under Section 115 of the Code of Civil Procedure, 1908 (for short “the Code”) is converted to a proceedings under Section 96 read with Order XLI Rule 1 of the Code.

2. The Court Fee pursuant to the order dated 04.03.2024 have been duly deposited which is clearly seen from the Office Order.

3. The instant appeal arises out of an order dated 29.03.2023 passed by the learned Court of the Civil Judge, Barpeta in Title Suit No. 04/2021 whereby the plaint of the suit was rejected on the ground of res-judicata i.e. being barred under Section 11 of the Code.

4. From a perusal of the plaint in Title Suit No. 04/2021, it has been alleged that in view of a default in payment of the land revenue, Government auctioned a plot of land measuring 6 Bighas which was covered by Dag No. 250 of K.P. Patta No. 35 (Old) and 155 (New) of village Khoirabari under Mouza Gobardhana Circle Barnagar in the District of Barpeta. The said land was purchased by one Sudhangshu Mohan Paramanik (since deceased). Thereupon, the plaintiffs vide three registered Deed of Sale bearing Deed No. 753/2007, 754/2007 and 755/2007 all dated 22.08.2007 purchased the said land