Advocates:
['P C PETSHALI', '', 'PRINCE CHAUHAN', 'ASHUTOSH CHAUHAN', 'PULAK AGARWAL']

IN HIGH COURT OF UTTARAKHAND

AT NAINITAL

Civil Revision No.110 of 2017

Narendra Kumar Aggarwal

..…Defendant/Revisionist

Vs.

Devki Nandan Sarraff & others

…..Plaintiff/Respondents

Advocate: Mr. Prince Chauhan, Advocate for the revisionist

Mr. Pulak Agarwal, Advocate for the respondents.

Hon’ble Sharad Kumar Sharma, J.

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 & 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