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Judgment Search Results Home > Cases Phrase: multifariousness Sorted by: old Court: kolkata Year: 1887 Page 1 of about 3 results (0.005 seconds)

Feb 21 1887 (PC)

Durga Dasi and ors. Vs. Sudhendu Mohun Roy and ors.

Court : Kolkata

Decided on : Feb-21-1887

Reported in : (1887)ILR14Cal435

..... tenants held the lands under different sets of defend ants, that is to say, that they had no community of interest. he accordingly held that the suits were bad for multifariousness and dismissed them.3. in appeal, the district judge considered that no inconvenience would he caused to defendants by the suits being tried in the form in which they were ..... different titles, and the defendants also disputed the correctness of the survey maps on which the plaintiffs relied.2. in the first court, the only issue tried was that of multifariousness, and in order to ascertain the exact position of the parties, an amin was directed to ascertain and show on a map the lands claimed by the plaintiff's and .....

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Jun 10 1887 (PC)

Ram NaraIn Dut Vs. Annoda Prosad Joshi and ors.

Court : Kolkata

Decided on : Jun-10-1887

Reported in : (1887)ILR14Cal682

1. this is an appeal against the subordinate judge of burdwan reversing the decree of the munsif in favour of the plaintiff and dismissing the suit on account of misjoinder of several causes of action. for the appellant it contended that the lower appellate court was wrong in holding that the suit was liable to be dissmissed for such misjoinder.it was contended that there was no misjoinder, and it was contended that, if there was misjoinder, then insamuch as the first court excercised its judicial discretion in not dismissing the such upon that ground, the subordinate judge in appeal ought not to have interfered. it seems that the first corut was of opinion that there was misjoinder of diffirent causes of action in the suit. the munsif was of opinion that a seprate suit should have been brought against each defandant; but he says, as the laws does not lay down that such a suit should be thrown out on account of such a defect, he passed it overit appears to us that the munsif was wuite right in saying that there was a misjoinder of causes of action, and it appers to us that the lower appellate court was quite right in saying that the must be dismissed.the plaintiff had obtained a decree under section 52 of the rent law of 1869 to eject his tenant for arrears of rent and to obtain possession of the tenure. in attempting to execute that decree he was opposed as regards certain plots of land which he alleged to be comprised in that tenure. as to some of the lands he got .....

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Aug 20 1887 (PC)

issuri Dasi and ors. Vs. Haragobind Das Koiburto and anr.

Court : Kolkata

Decided on : Aug-20-1887

Reported in : (1888)ILR15Cal187

..... questions upon the construction and effect of the sections of the civil procedure code relating to the execution of decrees, and a vast mass of questions have, in the course of the multifarious proceedings that have taken place, bean debated and decided. we think it unnecessary to refer to any of the questions that have arisen in the suit or in these proceedings .....

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