Court : Andhra Pradesh
Reported in : 2002(1)ALD722; 2002(1)ALT504
..... 8 of its judgment, the court below referred to the contention of the judgment debtor that no permission was obtained from the original court under rule 32 of the civil rules of practice authorizing the general power of attorney holder to represent on behalf of the original decree-holder as long as the general power of attorney is in force. the ..... the receipt, said to have been issued by the petitioner. further, the court below dismissed the ep observing that no permission was granted by the original court under rule 32 of the civil rules of practice permitting the petitioner to act as general power of attorney on behalf of the original plaintiff, and as such, the ep is not maintainable in law. in paragraph ..... the respondent is that though the decreespecifically indicates that the plaintiff is represented by power of attorney holder, yet at the stage of execution the procedure contemplated under rule 32 of the civil rules of practice has to be followed. the learned counsel for the petitioner in support of his submission that the decree at best is a curable irregularity and dismissing the ep ..... 1988 on the file of the i additional district munsif, vijayawada. the respondent opposed receiving of the said documents on the ground that no permission was granted under rule 32 of the civil rules of practice by the original court permitting sri. t. mohan rao to act as general power of attorney on behalf of the plaintiff.4. the court below after discussing the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1988KAR457; 1988(1)KarLJ249
..... ) of the c.p.code. all these provisions are to be considered together and harmoniously too. the learned counsel has also placed reliance on rule 14 of the karnataka civil rules of practice, 1967 (hereinafter referred to the 'rules of practice').8.3. in the light of the aforesaid contentions and also in the facts and circumstances of the case, the question that arises for consideration ..... option but to fix time for payment of deficit court fee. whenever a plaint or original petition is presented with deficit court fee or involves matters enumerated in rule 14 of the rules of practice, the chief ministerial officer of the court should place the plaint or original petition before the presiding officer of the court the very day of its presentation or ..... to him, failed in the discharge of his duty in not placing the matter before the presiding officer of the court immediately on presentation of the plaint. rule 14(1) of the rules of practice makes it incumbent upon the chief ministerial officer of the court to enter the plaint or original petition on presentation in register no. viii and examine and place ..... officer of the court and check the suit register at regular intervals atleast once a week. then only the observance of rule 14 of the rules of practice in breach can be prevented. failure to do so gives rise to several unhealthy practices affecting the image of administration of justice.8.5. even assuming for the sake of argument that the deficit court fee .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(2)ALD436; 2002(1)ALT466
..... 1st plaintiff. the averment in para iii(a) of the plaint that plaintiffs 1 and 2 are the partners of 'sajana granites', referred to above, supports this view. rule 26 of the civil rules of practice, which requires one of the plaintiffs signing each page of the plaint is also not followed in this case. it is distressing to note that, of late, in ..... or otherwise are not insisting on compliance with the civil rules of practice and some times the provisions of cpc also. we hopefully wish that at least from now onwards the checking staff, and all the concerned, would take some interest and insist on compliance with ..... rules, because civil rules of practice are made and are intended to be followed, but not to be ignored. it is unfortunate that checking staff, either due to ignorance ..... many courts civil rules of practice are followed more in breach than in practice. it is not a healthy trend. no doubt parties may not be non-suited for mere breach of civil rules of practice (when a rule does not say so) but the proceedings have to be returned for compliance with the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2003Kant3; ILR2002KAR3369; 2002(3)KarLJ551
..... v. state of gujarat, (2001)3 scc 1 :2001 cri. l.j. 1254(sc).9. a reading of rules 4 and 6 of order 13 of the cpc and rule 82 of the civil rules of practice, clearly indicate that when a document is tendered in evidence, then the court has only two options, namely (i) ..... its having been rejected, and the endorsement shall be signed or initialled by the judge'.7. similarly, it will be necessary to refer rule 82(1) of the kamataka civil rules of practice, 1987 which read as under.--'r, 82. marking of exhibits.--(1) only documents admitted in evidence shall be marked as exhibits'.8 ..... admissibility pending further adjudication of the aspect, as has been done in the present case. but, still the trial courts adopt such a practice keeping in view the practical difficulties to ensure uninterrupted recording of evidence. the 3-judges bench of the supreme court in ram rattan's case, supra, dealing with ..... on the ground that the instrument has not been duly stamped'.6. before proceeding further, it is necessary to refer to rules 4(1) and 6 of order 13 of the cpc which read as under.--'order 13. production, impounding and return of documents.r. 4. endorsements on documents admitted in evidence.--( ..... i) subject to the provisions of the next following sub-rule, there shall be endorsed on every document which has been admitted in evidence .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2004Kant446; ILR2003KAR4764
..... subsistence allowance and reasonable actual travel allowances is to be made payable, even for a local witness by making necessary legal provisions in civil rules of practice. the subsistence allowance and the travel allowance in the penultimate column provided in rule 54 is terrible paltry and has no relevance to reality. of course, the subsistence allowance and travel allowance prescribed under the schedule in ..... for loss of wages for the day. in this regard, i find, the provisions of law designed in the civil rules of practice relating to payment of witness bata is far from satisfactory and requires a thorough review.12. the relevant provisions of rule 54 of chapter ix extracted herein for convenient reference:-class of witnesstravelling allowance for each ofthe journeys to and from ..... to bear their own costs.the registrar (general) is directed to place this judgment before the hon'ble chief justice for kind consideration and for review of the provisions in civil rules of practice, relating to payment of witness bata. ..... include the loss of wages for the day and the actual food expenses. under the rule, it is left to the discretion of the judge to decide the reasonable conveyance expenses for the local witnesses and bonafide expenses in case of out-station witnesses. the said practice results in delay or no payment of bata to the witness. therefore, all the relevant .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1995AP58; 1994(2)ALT363
..... given to counsel only. in the absence of notice also being issued to the parties by the transferor court as contemplated under r. 63 of the civil rules of practice, even if notice is issued to the counsel appearing on their behalf, if he fails to intimate the date of their appearance before the transferee court, ..... it is contended, that the lower court has rightly dismissed the application.5. for the purpose of setting the dispute at rest, r. 63 of the civil rules of practice is traced out as under: 'application for transfer:-- an application for transfer of a suit, appeal or other proceeding from one court to another shall be ..... court. therefore, it is contended, that when once the parties have knowledge as to the posting of the case, in terms of r. 63 of the civil rules of practice, it is not open to the parties to take a stand that they had no knowledge as to the posting of the case. under these circumstances, ..... justified the action of the lower court in dismissing the application filed under s. 5 of the limitation act by contending that r. 63 of the civil rules of practice makes it obligatory on the part of the transferor court, i.e., the sub-court, peddapuram, in the present case, to issue notices to the ..... am afraid i cannot agree with such insistence by the counsel for the respondent, since i have held that r. 63 of the civil rules of practice which is the centre of controversy in this revision should be read in a different way and as such his request is rejected. no costs. .....Tag this Judgment!
Court : Kerala
Reported in : AIR1988Ker32
..... . in effect the court was only rectifying its own error or omission to comply with the provisions of order 21, rule 17 or rule 280 of the civil rules of practice. 8. it was argued that except order 21, rule 17 or rule 280 of the civil rules of practice there is no provision enabling the court to allow amendment of the ep. and that the provisions of order 6 ..... is accepted, there is no prohibition in the code to permit an amendment of the e.p. at any stage other than those mentioned in order 21, rule 17 or rule 280 of the civil rules of practice if that becomes necessary to mete out justiceto parties. what is necessary in the interest of justice and not specifically prohibited could be taken as permitted and ..... mind the object and purpose intended to be achieved by them. no such defect was found out by the court on ascertainment as provided in order 21, rule 17 or rule 280 of the civil rules of practice and no opportunity was given to rectify the same. if such an opportunity was given the defect would have been rectified earlier and if it was not ..... court shall allow the defect to be cured then and there or within a time to be fixed by it. form 51 in appendix-i in the civil rules of practice is for execution petitions and rule 280 provides that defective applications shall be returned for amendment or rejected. in view of these provisions the argument was that the jurisdiction of the execution court .....Tag this Judgment!
Court : Chennai
Reported in : (2002)2MLJ427
..... accordance with law and presented on the date when it was first presented. ' 4. apart from these provisions, it is also relevant to refer rule 139 and 141 of civil rules of practice. rule 139 says that, except when made under rule 11 (1) of order xxi of the code, an application for execution of a decree shall be by petition and in addition to the ..... title, the same had been rectified by filing amendment petition and the initial defect was allowed to be corrected by the court. the above referred provisions of the code and civil rules of practice enable the decree holder to file such application and the court has to pass orders respectively. accordingly, the petitioner cannot be allowed to contend that he was not given ..... the judgment of k.govindarajan,j., in the case of feroz khan vs . while considering the very same provisions, namely order 21 rule 11 (2), 11(3), 22 of the code of civil procedure and rule 139, 140, 141 of civil rules of practice and after referring various earlier decisions, the learned judge has held that, no notice is necessary if eviction petition is filed within ..... the applicant requires at the time of the presenting the same. the court shall not grant any relief not claimed by execution petition. as per rule 141 a petition not complying with the provisions of the code or civil rules of practice or not claiming any substantial relief, shall be returned for amendment or rejected. by pointing out the above provisions, particularly order 21 .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1952Kant66; AIR1952Mys66; (1953)31MysLJ32
..... plaints for proper reasons after the close of office hours is a long standing one and no exception appears to have even been taken in respect of this practice. rule 88 (5) of the civil rules of practice and circular orders, volume i states as follows:'a plaint was received by the head munshi ofa munsiff's court after the close of office hours.it ..... plaint is a judicial order-and the higher courts must know whether thediscretion was properly exercised or not.'it will thus be seen that the high court has recognised the practice. it cannot be said that receipt of plaint for proper reasons after office hoursis illegal. the learned judge is wrong in dismissing the suit as barred by time after the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1990AP376
..... question of refund of 'poundage'.9. in veeraraghavulu v. chengalamma, air 1934 mad 409 curgenven j. dealt with the provisions of o. xxi and rule 203 of the civil rules of practice. in that case the properties were sold in execution of a mortgage decree even though there was no valid final decree in existence at the time when ..... is a fee or charge paid by the decree-holder for services he obtained from the court, and is liable to be refunded under rule 203 of the civil rules of practice. it was observed that, as stated in rule 203, in cases where a sale is set aside under o. xxi, r. 89, the judgment-debtor has to refund the ..... declared to be void under s. 47, c.p.c. if we go strictly by the clauses in r. 203 of civil rules of practice, they are not obviously attracted, for that rule merely covers cases coming under o.21, rules 89, 90 or 91, c.p.c. but not s. 47, c.p.c.12. even so, it is argued ..... cases of setting aside of sales under o. xxi, c.p.c. is dealt with (in) r. 203 of the civil rules of practice. that rule is not directly in point but gives us the clue to the present case. rule 203 reads as follows :--'203(1) if the sale is set aside under o. xxi, r. 89 of the code ..... parts and that under each part, the liability to refund the poundage is placed upon the person who is 'responsible' for the sale being conducted illegally. under rule 203(1) in cases where the judgment-debtor had allowed the sale to proceed but had later deposited the decretal amount into court under o. xxi, r. 89 .....Tag this Judgment!