STATE OF U.P. Vs. RANI RAJENDRI KUMAR

JUDGEMENT

(1.) Heard Sri Ashok Kumar Pandey, learned Additional Advocate General assisted by Sri R.C. Yadav, Sri Alok Kumar Singh, Dr. Y.K. Srivastava, Sri Lokendra Kumar, learned Standing counsels. None appeared on behalf of the respondent though, the appeal has been called twice. In these circumstances, we have proceeded to hear and decide this appeal, ex parte. This is a defendant's appeal under Sec. 96 of the Code of Civil Procedure, arisen from the judgment and decree dated 2.7.1979 passed by Sri Ghanshyam Pandey, Civil Judge/Judge Small Causes at Allahabad in Original Suit No. 107 of 1969, whereby he had decreed the suit with cost in the following manner:

(2.) Original Suit No. 107 of 1969 was filed by Smt. Rani Rajendri Kumari Ba, w/o. Maharao Raja Kamlakar Singh, R/o. Sankargarh, Tehsil Karchhana, District Allahabad, impleading State of U.P. through Secretary, Industries and Union of India, New Delhi (hereinafter referred to as the plaintiff -respondent) as defendants. Plaintiff initially impleaded only State of U.P. as sole defendant but subsequently made amendment by impleading Union of India as defendant No. 2 vide Court's order dated 24.9.1969. The plaintiff - respondent claimed following reliefs:

(3.) At the bottom of the plaint a list of 46 villages, subject -matter of suit which fell within Pargana Bara, Tehsil Karchhana, District Allahabad was also given and reads as under: