ORDER

Date : 10-09-2018 Heard Mr. A.K. Gupta, learned counsel for the petitioners.

2. By this application under Article 227 of the Constitution of India, the petitioners have challenged the order dated 11.05.2018, passed by the learned Civil Judge, Dibrugarh in Misc (J) Case No. 68/2017 in T.S. No. 17/2016.

3. The petitioners are the plaintiffs in T.S. No. 17/2016, inter-alia, praying for declaration that the petitioners along with the proforma defendant Nos. 5 to 12 are the joint lawful owners of the Schedule- A and B land having right, title, interest and possession therein, and for a declaration that the mutation order dated 04.09.2008, passed by the learned Circle Officer, Chabua Revenue Circle, mutating the name of the defendant No.1 in respect of the land measuring 3 Bighas under Dag No.211 of P.P. No. 63 of Hatkhula Bongali Gaon, Mouza Boudung, is illegal, void and liable to be cancelled, etc. It is projected that summons of T.S. No. 17/2016 was served on the respondent No.1 personally by the process server of the Court on 17.03.2016. As the respondent No.1 did not appear before the learned trial Court, the learned Civil Judge, Dibrugarh by order dated 30.03.2016, directed that