DWARIKA PRASAD BAJAJ Vs. STASTE OF U P

JUDGEMENT

(1.) Heard Sri Sanjeev Kumar, holding brief of Sri Shashi Nandan, Senior Advocate, learned counsel for the petitioner, Sri Sandeep Agarwal, learned counsel for the respondent No.5 and Sri Piyush Shukla, learned counsel for the State respondents.

(2.) This writ petition is directed against the order dated 12th March, 1992 passed by the District Magistrate, Etawah in case No. 18/1936/90-91 as also against the order dated 26th August, 1992 passed by the Commissioner, Kanpur Division, Kanpur in Appeal No. 15 of 1992.

(3.) Original suit No. 17 of 1930 (LalaRameshwar Das v. Jai Narayan and others) was filed for recovery of a sum of Rs. 26,999/- 75 Anna 3 Paisa. The said suit was decreed by means of the judgment and decree dated 7th April, 1931 by the Additional District Judge, Kanpur. The operative portion of the said order, relevant for the purposes of the present controversy reads as follows :