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2009 DAILYLAW 3874 (ALL)

RAM MURARI PANDEY v. STATE OF U.P.AND OTHERS

FAPLD/135/2009 · 2026-02-22

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

Original Suitbody2009

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 135 of 2009 Court No. - 38by the by the HON'BLE SANDEEP JAIN, J. 1. Case called out. No one appears to press this appeal. 2. The instant appeal has been filed with delay of 1 year and 269 days under Section 96 C.P.C. against the impugned judgment and decree dated 26.07.2007 passed by the Ist Additional Civil Judge (Senior Division), Court No.8, Farrukhabad in O.S. No.2 of 2004 (Ram Murari Pandey vs. State of U.P. and others), whereby plaintiff's money suit has been partially decreed. 3. It appears that the valuation of the suit is only Rs.16,99,921/-, which is below Rs.25,00,000/-, as such, the appeal under Section 96 C.P.C. against the impugned judgment and decree is maintainable before the District Judge, Farrukhabad. 4. It also appears that the State had also filed Appeal No.21 of 2016 (State of U.P. vs. Ram Dular), before this Court, which has already been transferred to District Judge, Farrukhabad vide order dated 13.06.2016, but erroneously this appeal remained pending before this Court. 5. In view of this, office is directed to send this appeal to the District Judge, Farrukhabad for deciding it on merits, after hearing both the parties, in accordance with law. February 23, 2026 Jitendra Versus Counsel for Appellant(s) : Haider Husain Counsel for Respondent(s) : (Sandeep Jain,J.) Ram Murari Pandey .....Appellant(s) State Of U.P.And Others .....Respondent(s) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad