RAJENDRA KUMAR PANT Vs. DHIRENDRA DALAKOTI

JUDGEMENT

(1.) Service on the plaintiff respondent is sufficient, but none turns up on his behalf even in the revised call. So, this Court rendered hearing to learned Counsel for the revisionist.

(2.) This revision has been preferred against the impugned order dated 31.8.2016 passed by the Civil Judge (Sr. Div.), Haldwani deciding the issue no. 3 against the defendant and in favour of the plaintiff. Such issue pertains to the question whether the plaint is liable to be rejected under Order VII Rule 11 CPC.

(3.) It is very peculiar that the defendant has nowhere pleaded this issue in his written statement presented before the learned Trial Judge. Even though, the learned Court below framed the issue and decided the same in favour of the plaintiff.