JUDGMENT :

Nagarathna, J.

1. This appeal is preferred by defendant no.1 in C.S. No.1065 of 2009 filed before the Court of Civil Judge (Senior Division) Bhubaneswar, by assailing order dated 19th January, 2016 passed by the High Court of Orissa at Cuttack in WP(C) No.7059 of 2013. By the said order, the application filed by the appellant herein/defendant no.1 under Order VII Rule 11 of the Code of Civil Procedure 1908 (for short, the ‘CPC’) has been ordered to be reconsidered by the District Court at Khurda, Bhubaneswar (revisional court) by restoring C.R.P. No.5 of 2012 filed by the defendant no.1 herein. The said revision was filed by defendant no.1 being aggrieved by the dismissal of the said application being C.S. No.1065 of 2009 by the trial court, namely, the Court of Civil Judge (Senior Division), Bhubaneswar, praying for rejection of the plaint under Order VII Rule 11 of the CPC.

2. For the sake of convenience, the parties herein shall be referred to in terms of their rank and status before the trial court.

3. Briefly stated, the facts of the case are that, respondent no.1 herein/plaintiff had filed a suit against the appellant herein/defendant no.1 and respondent no.2 herein/de