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1966 Supreme(All) 77

RAJESHWARI PRASAD
Shanker Lal – Appellant
Versus
Vijay Shanker Shukla – Respondent


Advocates:
Ambika Pd., S.B. Jahri, Gyan Prakash, for Appellant; M.N. Shukla, for Respondents.

JUDGEMENT :- These are two connected second appeals which can be disposed of by a common judgement Courts below have also disposed of the two suits giving rise to the two second appeals by the common judgement.

2. Suit No. 192 of 1962 was filed by Sri Shanker Lal, who is now the appellant before me against Sri Vijay Shanker, Sri Baboo Lal Sharma and Manager Shrimad Daya Nand Anathalaya, Agra. The other suit No. 277 of 1962 was filed by Sri Vijay Shanker Shukla aforesaid against Sri Shanker Lal, Baboo Lal and Manager, Shrimad Dayanand Anathalaya. Suits are in the nature of cross-suits. Consequently, the plaint allegations in the suit of Shri Shanker Lal are the allegations in his written statement in the other suit and vice versa. The only difference is that in the suit of Sri Shanker Lal, namely, Suit No. 192 of 1962. Sri Babu Lal Sharma and the Manager Shrimad Daya Nand Anathalaya, Agra have filed written statements to contest the claim of Shanker Lal while these two defendants have not filed any written statement in Suit No. 277 of 1962 filed by Shri Vijay Shanker Shukla.

3. The case of Sri Shanker Lal appellant was that a son was born to him on 21st September 1953. He was named Mu




























































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