(1.) Heard Sri Ashok Kumar Pandey, Additional Advocate General, assisted by Sri R.C. Yadav, Dr. Y.K. Srivastava and Sri Lokendra Kumar, learned Standing Counsels for appellant; and, Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Udayan Nandan and Sri Rahul Agarwal, Advocates, for respondent.
(2.) This is a defendant's appeal under Sec. 96 of Code of Civil Procedure, arisen from the judgment and decree dated 02.07.1979 passed by Sri Ghanshyam Pandey, Civil Judge/Judge Small Causes Court at Allahabad in Original Suit No. 107 of 1969, whereby he had decreed the suit with cost in the following manner :
(3.) 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 :