Advocates:
['SIDDHARTHA SINGH', '', 'ISHTIAQ AHMAD KHAN', 'P S BISHT', 'RAJEEV SINGH BISHT', 'C S C']

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 3496 of 2022

Rupam Sunil Abraham & another

….....Petitioners

Versus

Rajan Alexander McGregor & others ….….Respondents

Present:-

Mr. Siddhartha Singh, learned counsel for the petitioners.

Mr. R.C. Arya, learned Standing Counsel for the State.

Mr. Rajeev Singh Bisht, learned counsel for the caveator.

JUDGMENT

Hon’ble Manoj Kumar Tiwari, J.

This is defendants petition against judgment

dated 24.11.2022, passed by Additional Commissioner

Kumaon

Division,

Nainital

in

Revision

No.19/21-

22/46/21-22. By the said judgment, petitioners’ revision

against trial court’s order, rejecting their application

under Order 7 Rule 11 CPC, has been dismissed. The

ground taken for dismissing petitioners’ revision is that

the order passed by trial court in a declaratory suit filed

under Section 229B of U.P. Zamindari Abolition and Land

Reforms Act, 1950 is not challengeable under Section 219

of U.P. Land Revenue Act, 1901 and the revision should

have been filed under Section 333 of U.P. Zamindari

Abolition and Land Reforms Act.

2

2.

Learned