JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. It is defendants revision preferred under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as C.P.C.) where the defendant has put a challenge to the impugned order of 22.05.2017, as it has been passed by the court of learned Civil Judge (Senior Division) Kashipur, District Udham Singh Nagar in Suit No. 17 of 2014 Devki Nandan Sarraff vs. Narendra Kumar Aggarwal and Others, whereby the learned trial court, had decided the issue no. 7, relating to the implications of Order 2 Rule 2 of C.P.C. against the defendant.

2. Brief facts of the case are that the plaintiff/respondent herein on 21.01.2014, had instituted a suit in relation to the disputed property which was more appropriately described at the foot of the plaint constituting, to be a property in the shape of an angan, staircase and a chabutra, as depicted by the plaint map by figure EFGHIJ. The nature of degree, which was sought therein by the plaintiffs as modulated was a simiplicitor suit for grant of decree of permanent injunction, as against the defendant therein, but what would be of more concern for this Court, for the purposes of the present revision is, that if