STATE OF U P Vs. JAMAN SINGH

JUDGEMENT

(1.) PRAFULLA C. Pant This appeal, preferred under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred as the Code), is di rected against the judgment and decree dated 25-11-1983, passed in civil suit No. 26 of 1983, by learned District Judge, Chamoli, whereby suit for injunc tion has been decreed by the trial court.

(2.) I heard learned counsel for the parties and perused the lower court record.

(3.) THE trial court, after perusal of the pleadings of the parties, framed following four issues : i) Whether, the plaintiffs have still to cut 16 more trees as per the sanction, Tuorth Rs. 41,838. 05 (Rs. 1,097. 00 + Rs. 40,741. 05), or the plaintiffs have already cut and removed 15 extra trees worth Rs. 71,940. 74, if so, its effect? ii) Whether, court fee paid, is in sufficient? iii) Whether, in the light of Clause 27 of agreement between the parties, the suit is premature and plaintiffs ought to have re ferred their claim for arbitra tion before instituting the suit? iv) To what relief, if any, are the plaintiffs entitled?