STATE OF U.P. Vs. KALAWATI SINGH

JUDGEMENT

(1.) Heard learned Standing Counsel for the petitioners and Sri Kamlesh Kumar and Sri Rajesh Nath Tripathi, learned counsel appearing for the respondent.

(2.) This petition has been filed challenging the order dtd. 23/11/2019 passed by the District Judge, Deoria in Civil Appeal No. 52 of 2017 (Smt. Kalawati Singh Vs. State of U.P. and others).

(3.) Brief facts of the case giving rise to the present petition are that Original Suit No. 11 of 1999 (Smt. Kalawati Singh Vs. State of U.P. and others) was instituted by the plaintiff-respondent for the relief of mandatory injunction restraining the defendants not to give effect to the agreement executed till 1999 on the basis of tender issued for 1999-2000 and defendants may further be restrained from creating hindrance in transportation of goods in terms of agreement between the plaintiff and the defendants till 1999. It was also prayed that a decree be issued for payment of Rs.6,49,687.00 for work of transportation already executed by the plaintiff-respondent in pursuance to agreement executed in her favour. Other reliefs were also claimed. The petitioners contested the suit by filing written statement and denied the plaint averments. On the basis of the pleadings of the parties, total 11 issues were framed by the trial court. Issue nos. 10 and 11 which are relevant for the present case were whether on the basis of averments made in the plaint, plaintiff is entitled for payment of Rs.6,49,687.00 from the defendants. Issue Nos. 10 and 11 are quoted as under:-