JUDGMENT :

S.K. Mishra, J.

By filing this writ petition under Article 227 of the Constitution of India, the plaintiff in civil suit no. 103 of 2012, of the court of 1st Additional Civil Judge (S.D.), Dehradun, has assailed the order passed by the said court on 31.03.2016 which was upheld by the learned District Judge, Dehradun in Miscellaneous Civil Appeal No. 38 of 2016.

2. The facts of the case are as follows:-

The petitioner herein as plaintiff filed Original Suit No. 103 of 2012 before the learned Civil Judge (S.D), Dehradun, for injunction and adjudicating that the sale deed dated 12.08.2011 executed by defendant no. 1 in favour of defendant no. 2 to be null and void. The contesting respondent no. 1, being defendant no. 2, has filed written statement in the said original suit, inter alia, on the ground that plaintiff has executed power of attorney in favour of defendant no. 1. Defendant no. 1 has executed the sale deed on 12.08.2011 on the basis of power of attorney dated 14.03.2007, allegedly for valuable consideration. Respondent no. 2 has also filed a counter claim along with written statement and prayed for certain declaration. He took specific plea that the suit is undervalue