SITA RAM Vs. XIV ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) THIS petition is directed against the appellate Court's order dated 28th July, 1982, which is Annexure II to the petition.

(2.) THE facts, in brief, are these. The Original Suit No. 271 of 1979 was filed by Sita Ram, the Petitioner before me. The Defendants in the suit, inter alia, were the Union of India and Smt. Maya Devi. The reliefs sought in the plaint were as follows:

(3.) THE aforesaid application moved by Smt. Maya Devi under Order 9 Rule 13 Code of Civil Procedure was rejected by the trial Court by its order dated 19 -12 -1981, a true copy of which is Annexure -I to the petition. Smt. Maya Devi went up in appeal against the said order and the same was allowed by the appellate Court by its impugned judgment which is Annexure -II to the petition. The appellate Court held as under: