Drat Allahabad Court August 2006 Judgments

Prabhawati Devi and ors. Vs. Punjab National Bank and ors.

Court: DRAT Allahabad

Reported in: II(2007)BC36

1. This appeal was originally filed by 3 persons but as the appellant Nos. 1 and 3 died leaving the appellant No. 2 Sri Pawan Kumar Tulsiyan as surviving only legal heir. The appeal has been prosecuted by the appellant No. 2 Sri Pawan Kumar Tulsiyan alone.2. This appeal has been preferred against the order dated 9th February, 2004 passed by the learned Presiding Officer, D.R.T., Allahabad in miscellaneous appeal No. 109 of 2003, whereby and whereunder the restoration petition filed by the original appellants for setting aside the ex parte judgment dated 9th August, 2002 in T.A. No. 1261 of 2000 has been dismissed. The respondent Punjab National Bank had filed an original Suit No. 7 of 1998 against 5 persons for recovery of Rs. 35,54,409/- with future and pendente lite interest and cost and other usual reliefs. When the D.R.T. Act came into force the suit was transferred to D.R.T., Jabalpur and was renumbered as T.A. No. 952 of 1999. After the formation of D.R.T., Allahabad in the year...