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2006 Supreme(All) 3405

UMESHWAR PANDEY
Ram Shanker – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT :

Umeshwar Pandey, J.

This appeal is filed against the judgment and decree of the lower appellate court dated 2.8.2006 whereby appellant's first appeal was dismissed and the judgment of the trial court has been affirmed.

2. The plaintiff appellant filed the suit for permanent injunction to restrain the defendants-respondents from recovering certain sum of Rs. 93,000/- and odd through proceedings started on the basis of a recovery certificate issued to the Collector. The prayer was also made for accounting of the entire deposits made by the plaintiff in the defendant bank and its adjustment towards the loan taken by him from the said bank. The plaintiff along with his brother took loan of Rs. 47,000/- from the defendant bank for purchase of a tractor. The tractor was purchased and some time it remained in joint possession in the name of plaintiff and defendant No. 4. Thereafter on the basis of a compromise between the brother the whole liability was fastened upon the plaintiff to make repayment of the loan amount to the defendant bank. During the course of time the said tractor is said to have been taken out of the possession of plaintiff by defendant No. 4 and thereafter its






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