M.L. Mehta, J.—This petition under Article 227 of the Constitution of India assails order dated 10th February 2010 whereby two applications of the respondent No. 1 (plaintiff in the suit) filed under Order 6 Rule 17 CPC were disposed by the learned Additional District Judge (ADJ).

2. The respondent No. 1 herein filed a civil suit for partition, declaration and mandatory injunction against his father Sh. P.N. Aggarwal and others. In the said suit, the petitioner herein was arrayed as defendant No. 12. Thereafter, on the deletion of some other defendants, he was renumbered as defendant No. 2. The plaintiff had prayed declaration against defendant No. 12 (re-numbered as defendant No. 2) inter alia seeking declaration that the agreement to sell executed by his father late Sh. P.N. Aggarwal in his favour be declared null and void and not binding upon him. The averments in this regard were contained in para 46A of the plaint.

3. During the course of arguments learned counsel appearing for defendant No. 2 (petitioner herein) submitted that no relief was claimed against this defendant, which was controverted by the plaintiff. Amongst others, the relief of declaration was sou