JUDGMENT :

1. Heard Shri Kshitij Shailendra, learned counsel for the defendant-revisionist. Though notices were issued to the sole opposite party by registered post fixing 4 July 2019 and the office has reported that the notice was delivered, however, no one has appeared on behalf of the sole opposite party and neither any counter affidavit has been filed.

2. The defendant-revisionist is a Co-operative Society registered under the provisions of the U.P. Co-operative Societies Act, 1965, [Act of 1965]. A suit bearing Original Suit No.779 of 2014 was filed by the plaintiff-opposite party seeking relief, inter alia, of a decree of mandatory injunction restraining the defendant-revisionist from interfering in his possession over the property in dispute. In the aforesaid suit, issue nos.7, 8 and 9 were framed, which were decided against the defendant-revisionist by means of the order dated 7 March 2019 passed by the Additional Civil Judge (Senior Division)/Judge, Small Causes Court, Moradabad, which order is under challenge in this revision. The issue nos.7, 8 and 9 were respectively to the following effect :

“(a) whether the plaintiff's suit is not maintainable under the provisions of Sec