Uttarakhand High Court
Subhash Raizada vs Raizada And Another on 19 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
Office Notes,
Date reports,
orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
D/5 AO No.41 of 2026
Subhash Raizada Vs. Santosh Kumar and another
Hon'ble Ravindra Maithani, J.
Mr. Sagar Kothari, Advocate for the appellant. Heard.
The challenge is made to the judgment and order dated 28.01.2026, passed in First Appeal No.02 of 2023, Santosh Kumar Vs. Subhash Raizada and another, by the court of 1st Additional District Judge, Rishikesh, District Dehradun, by which, the judgment and order dated 24.12.2022, passed in Original Suit No.44 of 2015, Subhash Raizada Vs. Smt. Parwati Devi and others, by the court of Civil Judge (S.D.) Rishikesh, District Dehradun has been set aside and the trial court was directed to frame the issue to the effect that, "as to whether the suit is barred by the provisions of Order 2 Rule 2 Code of Civil Procedure, 1908 ("the CPC") or not? Learned counsel for the appellant would submit that while remanding the case, no reason has been given, as to why the finding recorded by the trial court on various issues is not in accordance with law; the court has merely directed that an issue ought to have been framed with regard to the applicability of Order 2 Rule 2 of the CPC, that too without there being any pleading.
Having considered, this Court is of the view that this matter requires deliberation. Admit.
Issue notices to the respondents. Steps to be taken within a week.
Heard on Stay Application (IA) No.1 of 2026. Under the facts and circumstances of this case, an interim measure, till the next date of listing, the effect and operation of the impugned order shall remain in abeyance.
(Ravindra Maithani, J.) 19.02.2026 Sanjay