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HIGH COURT OF UTTARAKHAND
Manoj Kumar Tiwari, J
Rupam Sunil Abraham – Appellant
Versus
Rajan Alexander McGregor – Respondent
| Table of Content |
|---|
| 1. defendants petition against judgment and maintainability. (Para 1) |
| 2. merits were incorrectly assessed after a procedural dismissal. (Para 2) |
| 3. judicial authority is retained despite misnaming provisions. (Para 3 , 4) |
| 4. jurisdiction upheld despite procedural errors. (Para 5) |
| 5. writ petition allowed and case remitted. (Para 6) |
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. Learned revisional court has thereafter gone into merits of the case by holding that learned trial court was justified in rejecting p
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