STATE OF U P Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) HEARD Sri N and Prasad, Standing Counsel for the appellant on 27.9.2004 and further of his request on 3.11.2004 and Sri D.S. Patni, Advocate for the respondents.

(2.) THE present appeal was filed as back as in the year 1987. The file has been transferred from Allahabad High Court. The counsel for the appellant Sri Nand Prasad has submitted that lower court's record may be made available. Accordingly I summoned the record of case. Both the parties have submitted that since the record is available, the appeal itself may be disposed of under Order 41 Rule 11 of the Code of Civil Procedure. As both the parties are represented, the appeal is heard under Order 41 Rule 11 Code of Civil Procedure.

(3.) PRESENT appeal has been filed against the judgment and decree dated 16.6.1996 passed by the Civil Judge, Nainital in Civil Appeal No. 113 of 1984.