Skip to content

Judgment Search Results Home  Phrase:code of civil procedure 1908 rule 5 to 8

Dec 12 2005

Smita Arvinda Apte and Anr. Vs. Ajay Pandurang Potdar

  • Decided on : 12-Dec-2005

Court : Mumbai

Reported in : 2006(2)ALLMR505; 2006(3)BomCR687; 2006(2)MhLj509

... (6)bomcr434 , whereby, while considering the amended provisions of civil procedure codecivil procedure codecivil procedure code and specifically order 5, rule 1 and order 8, rule 1, a single judge of this bombay high court has observed, that when a suit was instituted prior to 1-7-2002, provisions of order 5, rule 1 of the code of civil procedure, 1908 as amended by act of 22 of 2002 would not apply ... . it is further observed that the requirement of filing written statement within 30 days in terms of amended provisions of order 8, rule 1 also would not apply in such case. the ... sukhdeo kaklij and ors. v. shivaji bhausaheb gadhe and ors. : 2004(5)bomcr573 .3. the apex court in salem advocate bar association, tamil nadu v. union of india 2005(6) scale, 26 while, considering various aspects of amendment act, 1999, to the civil procedure codecivil procedure codecivil procedure code has expressed that the court has power in exceptional and extraordinary circumstances to ... of their rights to contest the proceeding by filing a written statement.5. taking all this into account, i am inclined to consider the case of the petitioner. impugned order therefore, is quashed and set aside. application for extension of time under section 148 of civil procedure codecivil procedure codecivil procedure code, as filed by the defendants is allowed.6. however, this ...

Tag this Judgment!
Jun 13 2007

The Principal Collector of Customs and The Union of India (UOI) throug ...

  • Decided on : 13-Jun-2007

Court : Mumbai

Reported in : 2007(4)ALLMR477; 2008(1)BomCR494; 2007(6)MhLj225

... matters originate from the order dated 21st march, 1997 passed in suit no.3037 of 1991 by the learned single judge purportedly exercising the powers under order 8 rule 5 and/or 10 of the code of civil procedure, 1908 while disposing the suit.4. in the year 1988, the respondent no.1 sought to import from u.s. and japan photographic machineries under tariff item ... 2003, the same is against the decree passed on 21st march, 1997. the decree is purportedly passed in exercise of the powers under order 8 rule 5 and/or 10 of the code of civil procedure.6. order 8 rule 5(1) of the code of civil procedure provides that every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in ... . apparently, therefore, the impugned order disposing the suit by no stretch of imagination can be said to be either under rule 5 or rule 10 of order 8 of the code of civil procedure.11. disposal of a suit, either under rule 5 or rule 10 of order 8, has essentially to be based on the facts disclosed in the plaint. the impugned order nowhere discloses consideration of the facts ... therefore, there was no occasion for the learned single judge to dispose of the suit only against the appellants.16. while exercising the powers either under rule 5 or rule 10 of order 8 of the code of civil procedure, or even under order 9 thereof against some of the defendants, it is absolutely necessary for the court to ascertain whether there is an independent cause ...

Tag this Judgment!
Mar 06 2006

Ram Ujagar Yadava son of late Sri Ram Rup Yadava Vs. The State of U.P. ...

  • Decided on : 06-Mar-2006

Court : Allahabad

Reported in : 2006(4)AWC3398

... drawing the presumption in favour of the petitioner in terms of section 114 illustration (g) of the evidence act, 1872 and order 8 rule 5 of the code of civil procedure, 1908. the absence of counter affidavit, this court is left with no option but to accept the averments made in the petition to ... reported in : air2004sc2131 , wherein the delinquent was dismissed under section 147 of delhi police act (34 of 1978)- and rules 8, 10 of delhi police (punishment and appeal, rules 1980), from service, on the ground of absence from duty being grave misconduct/complete unfitness for police service, it was held ... not due to definite injury, the authority competent to sanction leave may, at its discretion, secure a second medical opinion by requesting the civil surgeon to have the applicant physically examined. should it decide to do so, it must arrange for the second medical examination to be ... of obtaining medical certificate to the superintendent of police as prescribed above. 7. uttar pradesh police officers of the sub ordinate ranks (punishment and appeal) rules 1991,4. punishment - (1) the following punishments may, for good and sufficient reasons and as hereinafter provided, be imposed upon a police officer, ... to rule 73 of chapter x of the said fundamental rules and rules 381 and 382 of chapter xxviii of the u.p. police regulations and rule 4 and 8 of u.p. police officer of the subordinate ranks (punishment and appeal) rules 1991. the aforesaid rules are quoted below:chapter ix- rule 95. ...

Tag this Judgment!
Oct 12 2004

Smt. Savita Garg Vs. The Director, National Heart Institute

  • Decided on : 12-Oct-2004

Court : Supreme Court of India

Reported in : AIR2004SC5088; 2005(5)ALLMR(SC)42; 2004(4)AWC3699(SC); 2004(3)BLJR2145; 2005(3)BomCR430; (2004)4CompLJ255(SC); IV(2004)CPJ40(SC); [2005(1)JCR22(SC)]; JT2004(8)SC607; 2004(3

... the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-section (1) of section 2, the provisions of rule 8 of order 1 of the first schedule to the code of civil procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or ... the order of the district forum thereon.' 7. sub-sections (4), (5) & (6) of section 13 lay down that the forum shall have the power to ... district forum shall be applicable. sub-sections (4), (5) & (6) of section 13 which are relevant for our purpose read as under:'13. procedure on receipt of complaint.-xx xx xx(4) for the purposes of this section, the district forum shall have be same powers as are vested in a civil court under code of civil procedure, 1908 while trying a suit in respect of the ... can sue as required under order 1 rule 8 of the code of civil procedure. therefore, if there are number of consumers, one of them can represent the interest of all. therefore, as far as the commission is concerned, the provisions of the code of civil procedure are applicable to the limited extent and not all the provisions of the code of civil procedure are made applicable to the proceedings to ...

Tag this Judgment!
Feb 20 2001

Jalal and Sons and another Vs. Sita Bai (died) by LRs. and others

  • Decided on : 20-Feb-2001

Court : Andhra Pradesh

Reported in : 2001(2)ALD547; 2001(2)ALT683

... facts need not be proved and this principle applies to 'will' also. he placed reliance on sections 58 and 68 of the evidence act as well as order 8, rules 3 and 5 of code of civil procedure, 1908 ('cpc' for brevity), in the absence of any specific pleading denying the execution by sita bai bequeathing suit premises in favour of petitioners 3 and 4 in the ... date on which the judgment was pronounced.24. in duwada nandesam chowdaiy . state of a.p., 1964 (2) an.wr 95, dealing vim rules 3 and 5 of order 8 this court aid down as under.'rules 3 and 5 of order 8 civil procedure codecivil procedure codecivil procedure code, have to be read together and that a plea that the defendant does not admit any of the allegations in the plaint except ... such as have been expressly admitted and that he puts the plaintiff to the proof of the allegations not so admitted is not a sufficient denial within the meaning of rule 5; and ... denied nor specifically stated to be not adtnittea'.25. in lohia properties (p) ltd. tinsukia, dibrugarh v, atmaram kumar, : (1993)4scc6 , the supreme court explained the effect of rule 5 of order 8 as under:'rule 5 provides that every allegation of fact in the plaint, if not denied in the written statement shall be taken to be admitted by the defendant. what this ...

Tag this Judgment!
May 23 2006

Kaleeswara Mills Limited (A Unit of National Textile Corporation Tamil ...

  • Decided on : 23-May-2006

Court : Chennai

Reported in : (2006)4MLJ419

... the defendant has not placed legal position clearly.30. in this context, it will be useful to refer to order 8 rules 3 and 5(1) of code of civil procedure, 1908, which read as follows:order 8, rules 3. denial to be specific. - it shall not be sufficient for a defendant in his written statement to deny ... generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages.5 ... a plaint can be denied specifically or by necessary implication or stated to be not admitted in the pleadings of the defendant. the proviso to rule 5(1) makes it clear that even if an allegation of fact in the plaint is not specifically denied and is taken as admitted, the ... that the court may in its discretion require any fact so admitted to be proved otherwise than by such admission.31. rule 3 has to be read with rule 5. reading both the rules together, it is clear that every allegation of fact in the plaint, if not dealt with specifically and denied expressly ... written statement, it has not specifically denied the same. based on that the learned senior counsel submitted that under order 8 rule 5 cpc, since the facts stated in the plaint are not denied they should be taken as admitted. the learned senior counsel referred to paragraph ...

Tag this Judgment!
Mar 18 1992

Mavji Kanji Jungi Vs. Premji Punja Hodas

  • Decided on : 18-Mar-1992

Court : Gujarat

Reported in : AIR1992Guj147; (1992)2GLR996

... for payment of the requisite court-fees while refusing to allow the applicant to sue as an indigent person under r. 7 of o. 23 of the code of civil procedure, 1908 (the 'code' for brief)? if the court has not granted such time while refusing to the applicant permission to sue as an indigent person, can it not grant ... matter, the court is bound to grant time to the applicant to pay the requisite court-fees while rejecting the application under rule 5 or refusing the application under rule 7 of order 33 of the code.17. if the court fails in its duty it is always the duty of the court to correct its default or lapse ... for permission to sue as an indigent person is a composite document inasmuch as it contains an application as well as a plaint. as provided in rule 8 of order 33 of the code, if such application is granted, it will be treated and registered as a plaint. it is deemed to be the plaint in the suit. ... the court, the suit shall be deemed to have been instituted on the day on which the application was presented.' -statement of objects and reasons (gas. of ind., 8-4-1974, pt. ii, s. 2, ext., p. 333).14. the same result would ensue if the problem is examined from a different angle. it cannot be ... 149.'7. i do not want to burden this judgment by referring to various other rulings cited at the bar on the point.8. by the amending act, the legislature has brought on the statute book r. 15a in o. 33 of the code. it reads :'grant of time for payment of court-fee: nothing contained in r ...

Tag this Judgment!
Nov 05 1964

Ouseph Skaria of Naduvilaparambil and Ors. Vs. Cherian Joseph of Poopp ...

  • Decided on : 05-Nov-1964

Court : Kerala

Reported in : AIR1965Ker288

... civil procedure codecivil procedure codecivil procedure code, section 53 of the transfer of property act and section 42 of the specific relief act. it-is said that none of these provisions are available. order 21 rule 63 does not apply because there was, in the eye of the law, no attachment, the attachment purporting to have been made under order 38, rule 5 ... that being so, the consequence follows that, even if the attachment was not properly ordered under order xxxviii, rule 5, the provisions of rule 8 of the order, and, with them the provisions of order xxi, rule 63 are attracted. decisions like muthiah chetti v. palaniappa chetti, air 1928 p c 139 and maung aung ... creditors.the suits, i may add, were brought on behalf of all the creditors of the 1st defendant with leave obtained under order i rule 8 of the code.3. the suits have been decreed by the courts below, and hence these appeals by the donees, namely the 2nd defendants.4. the ... claim by a person who is not a party to the suit will have no bearing on the question at hand, since all that rule 8 says is that a claim made thereunder shall be investigated in the manner provided for the investigation of claims to property attached in execution of ... claims were claims, not in respect of an attachment effected in execution, but in respect of an attachment effected under order xxxviii, rule 5. it seems to me clear that rule 8 of order xxxviii contemplates also a claim by a person who is a party to the suit. else it would mean that, ...

Tag this Judgment!
Nov 25 1964

Municipal Board Vs. Bir Singh and Ors.

  • Decided on : 25-Nov-1964

Court : Allahabad

Reported in : AIR1965All527

... 11, c. p. c., the court trying the former suit should have been competent to try the subsequent suit itself. (see chitaley's commentary on the code of civil procedure, volume i, page 415).29. mr. shanti bhushan contended that, that requirement must be confined to cases strictly falling under section 11, c. p. c. ... para. 4 of the written statement, para. 4 of the plaint was not admitted. according to order 8, rule 5, c. p. c. a written statement must contain a specific denial of an allegation in the plaint. order 8, rule 5, c. p. c. states : 'every allegation of fact in the plaint, if not denied specifically or ... condition regarding the competency of the former court to try the subsequent suit is one of the limitations engrafted on the general rule of res judicata by section 11 of the code and has application to suits alone. when a plea of res judicata is founded on general principle- of law, all that ... or manure had been stored. against that order, the present respondents filed an appeal, which was c. a, no. 660 of 1947. on 23-8.1947 the first civil judge of meerut passed an interim order in that appeal. that order (ex. a-37) ran thus : --'........ the municipal board respondent has sold the ... the board, but was allowed by the city munsif of meerut on 7-8-1951. tv court directed recovery of rs. 35,000 from the board.5. the board instituted two separate proceedings to avoid the order for restitution dated 7.8-19,51. firstly, it filed a miscellaneous appeal against that order. secondly, ...

Tag this Judgment!
Feb 22 1960

Smt. Champa Devi L. Rameshwar Pd. Vs. Jairam Das Banu Mal and Ors.

  • Decided on : 22-Feb-1960

Court : Allahabad

Reported in : AIR1960All615

... the learned judge in rejecting champa dcvi's claim followed a procedure not permitted by law. the powers of a civil court to direct the attachment of any property before judgment are derived from, and regulated by o, 38, rule 5, c. p. c. this rule provides, in effect, that if the court is satisfied, on ... i, therefore, allow this revision with costs and remand the case to the additional civil judge, dehra dun to decide the claim of champa devi on merits in accordance with the procedure prescribed under order 38 rule 8 read with order 21 rules 58 to 61 c. p. c. as the parties have already produced their evidence ... is an application under section 115 c.p.g. against an order of the trial court rejecting the applicant's claim under order 38 rule 8 read with order 21 rule 58 c. p. c. that a certain property which was attached before judgment by the court in a pending suit belonged to her ... he considered himself bound to follow the opinion of mukerji, j. reported in : air1956all68 .he, therefore, rejected the petitioner's claim under order 38 rule 8 even though he conceded that the judgment in the insolvency ease which according to him 'rendered the sale deed null and void,' was passed after the filing ... stands till it is set aside. in our view, this is the correct position and nothing to the contrary has been brought to our notice.'8. moreover, the observations of the privy council were made in a case under the presidency towns insolvency act and not under the provincial insolvency act. ...

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //