JUDGMENT & ORDER

06.01.2021.

Heard Mr. B. D. Goswami, the learned counsel for the petitioners. Also heard Mr. S. C.

Keyal, the learned counsel for the respondent No. 3.

2. The petitioners are aggrieved by the impugned order dated 14.10.2020 passed in Misc. (J) Case No. 103/2020 arising out of Title Suit No. 135/2018 by the learned Civil Judge No. 1, Kamrup (M) at Guwahati. By the said impugned order dated 14.10.2020, the ex-parte judgment and decree dated 23.12.2019 and corrected on 02.01.2020 passed in Title Suit No.

135/2018 was set aside restoring the suit back to file.

3. The petitioners as plaintiffs filed Title Suit No. 135/2018 in the Court of learned Civil Judge No. 1, Kamrup (M) at Guwahati for declaration of right, title and interest and for recovery of possession of the suit land measuring about 3 Kathas 1.4 Lechas covered by Dag No. 702 of KP Patta No. 296 of village Dispur under Mouza- Beltola in the district of Kamrup (M). Initially, the present respondent Nos. 1 and 2 were impleaded as the defendant Nos. 1 and 2. However, the said defendant respondent Nos. 1 and 2 denied their possession over the suit land after which the learned court below on the basis of a petition of t