Skip to content


Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Page 1 of about 1,222 results (0.035 seconds)

May 26 1998 (HC)

Smt. Shyama Devi Vs. Viith Additional District Judge, Allahabad and Ot ...

Court : Allahabad

Reported in : 1998(4)AWC485

..... -fee. the fact that the parties and the suit property involved are same and that the suit was rejected on the ground of non-payment of court-fee is not disputed. order vii, rule 11 of the code of civil procedure empowers the court to reject the plaint on the grounds mentioned therein--one of which is failure on the part of the plaintiff to make ..... good the deficit court-fees if the plaint is written on paper insufficiently stamped within the time fixed by the court.12. admittedly ..... the plaint was rejected under order vii, rule 11 of the code. an order rejecting the plaint is a decree ..... as defined in section 2(2) which while defining the decree deemed to include the rejection of plaint. therefore, the said rejection of the plaint being a decree, the issue which ought to have been raised shall .....

Tag this Judgment!

Nov 24 1998 (HC)

Umesh Chandra Saxena and ors. Etc. Vs. Administrator General and ors.

Court : Allahabad

Reported in : AIR1999All109

..... or at least, against respondents nos. 8 to 12 and for pronouncement of judgment at once. 44. order 7, rule 11 of the code of civil procedure deals with rejection of plaint and it reads as under: '11. rejection of plaint.-- the plaint shall be rejected to the following cases: (a) where it docs not disclose a cause of action ; (b) where the relief claimed is undervalued and the ..... as written statement, and, as such the testamentary suit was a suit for all purposes under the code of civil procedure and no exception could be taken to invocation of order 7 rule 11, c.p.c. we find no ..... all rigours of the code of civil procedure would be applicable. the hon'ble judge further relied on rule 39 of chapter xxx of the allahabad high court rules to say that when the matter become contentious the application for letters of administration would be treated and registered as a suit and the petition was to be read as a plaint and the objection ..... the plaint itself and not from a reading of the defence or other documents. 46. it appears that a second preliminary objection was also raised before the hon'ble single judge, concerning the application under order 7, rule 11, c.p.c. it was contended before him that in a proceeding for letters of administration all the provisions of the code of civil procedure .....

Tag this Judgment!

Aug 10 2004 (HC)

Satish Kumar Vs. Additional District Judge and anr.

Court : Allahabad

Reported in : 2005(1)AWC666; (2004)3UPLBEC2806

..... the election of the petitioner was liable to be declared void. the petitioner initially filed an application purporting to be under order vii, rule 11 (a) of the code of civil procedure for rejecting the plaint as it did not disclose any cause of action. the said application was dismissed by the election tribunal vide order dated 15th may, 2002. the writ petition filed by ..... jurisdiction under order vii, rule 11 can be exercised. the apex court has held that order vii, rule 11 of the code of civil procedure does not justify rejection of any particular portion of the plaint and order vi, rule 16 of the code is relevant in this regard. it deals with striking out pleadings. it has three clauses permitting the court at any stage of ..... or not are to be looked into for determining whether any cause of action has been disclosed in the plaint or not. this is relevant for the purpose of considering as to whether the plaint should be rejected outright under order vii, rule 11 of the code of civil procedure or not. this exercise has already been done by the election tribunal earlier when it had ..... rejected the application filed by the petitioner under order vii, rule ii of the code of civil procedure, which order has also been upheld by this court .....

Tag this Judgment!

Dec 31 1969 (HC)

Amjad Ali and ors. Vs. Muhammad Israil and ors.

Court : Allahabad

Reported in : (1898)ILR20All11

..... being supposed that in this judgment i have had in my contemplation any of the cases under section 54 of the code of civil procedure in which the court may reject a plaint. none of these cases come within the scope of the present appeal.9. some argument was addressed to us on ..... the suit was not time-barred and that the plaint was properly stamped when presented on november 16th. the district judge on these ..... it was presented, and that 'subsequent proceedings cannot invalidate a valid plaint.' the suit was ultimately dismissed on the merits.3. on appeal by the plaintiffs the defendants put in an objection under section 561 of the code of civil procedure. their contention was that the subordinate judge was wrong in holding that ..... allow this appeal, and, setting aside the decree of the lower appellate court, i would remand the case under the section 562 of the code of civil procedure for a decision on the merits, the lower appellate court having decided the suit on a preliminary point. i would direct that costs should ..... an analogy which it was sought to draw from the practice of the high court in cases under section 3 of the court fees act. the procedure .....

Tag this Judgment!

Oct 07 1999 (HC)

CaptaIn Chand Singh Vs. Miss Preeti

Court : Allahabad

Reported in : 2000(1)AWC268

..... , an order rejecting the plaint is a decree, in view of sub-section (1) of section 19, the application filed for grant of time for filing a ..... the order dated 7.9.1999 passed by sri z. khan, judge. family court. agra, rejecting the appellant's plaint registered as original suit no 304 of 1997 under order vii, rule 11, code of civil procedure on account of it having been filed beyond the prescribed period of 3 years limitation as envisaged ..... under article 58 of the limitation act. under this section, an appeal lies against the judgment and order and not against the decree. even though under the code of civil procedure ..... court.7.2. we also do not find any pleading taken by the appellant to show as to how section 125(3) of the code of criminal procedure is void being contrary to articles 14, 19, 20 and 21 of the constitution of india. we merely note that there is a ..... appeal.3. it appears that the respondent filed suit no. 8 of 1989against the appellant for grant of maintenance under section 125 of the code of criminal procedure claiming, inter alia, that she was married with him on 7.12.1988 ; that she has followed her duties as a faithful .....

Tag this Judgment!

Dec 14 1936 (PC)

Pt. Amba Shankar Vs. Mt. Seoti

Court : Allahabad

Reported in : AIR1937All280

..... the suit. if the plaint is 'rejected' on one of such grounds, the order rejecting the plaint is a decree as defined in the civil procedure code. it is, however, perfectly clear that, before an order can amount to such rejection as is contemplated by section 2(2), civil p.c., it must be 'rejection' authorized by some provision of the code of civil procedure. if the plaint is rejected for a cause for which ..... the coda-does not empower the court to do so, it will not be a decree, as defined in the civil procedure code, even though the court may use ..... the word 'reject' in disposing of the suit. what ..... can be done by a court of first instance in reference to a plaint may also .....

Tag this Judgment!

Feb 08 1910 (PC)

Maulvi Mohammad Abdul Aziz Vs. Maulvi Mohammad Abdul Jalil and ors.

Court : Allahabad

Reported in : 5Ind.Cas.371

..... code of civil procedure on which reliance is placed, relates only to decisions of a civil court and not to decisions of a revenue court.4. these remarks, no matter what my own personal views on the subject may be, are binding on me, and i, therefore, hold that the order passed by the assistant collector of the 1st class, rejecting the plaint ..... 177 of the agra tenancy act, the meaning given to it in section 2 of the code of civil procedure, would be to do violence to the express and clear language of the agra tenancy act. that act, by sections 176 and 177, ..... am wholly unable to accept this reasoning. in the first place section 193 of the agra tenancy act expressly provides that the provisions of the code of civil procedure shall only apply so far as they are not inconsistent with that act. to attach to the expression 'decree' as used in section ..... 1st class, in regular suits. the only reasoning, which may render the orders of assistant colloctors of the 1st class rejecting plaints under section 54(d) of the code of 1882 appealable, is the reasoning parallel to the one adopted by the two learned judges of this court in kharag singh ..... under section 54 clause (d) of the civil procedure code .....

Tag this Judgment!

Dec 18 2008 (HC)

Smt. Hiramani Devi and anr. Vs. Sanjay Singh

Court : Allahabad

Reported in : 2009(1)AWC926

..... , this court is of the opinion that the submission raised by the learned counsel for the petitioner is bereft of merit. order vii, rule 11 of the code of civil procedure provides that the plaint would be rejected if the relief claimed is undervalued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the ..... . the notices were issued to defendant-petitioner no. 1, who appeared and filed an objection under order vii, rule 11 alleging that the suit was undervalued, and consequently, the plaint should be rejected. it was alleged that the munsarim had given a wrong report with regard to the sufficiency of the court-fee.3. based on the aforesaid application, the plaintiff filed ..... to do so. it clearly provides that if an objection with regard to undervaluation is taken by the defendant and the court finds that the suit is undervalued, it cannot reject the plaint straightway, but permit the plaintiff to rectify the defect and only upon its failure to do so that the court would proceed to ..... reject the plaint. similarly, section 6 (5) of the court fees act, as applicable in the state of u.p., provides as under:6(5) in case the deficiency in court-fee is .....

Tag this Judgment!

Nov 19 2002 (HC)

Umesh Chandra Saxena Vs. First Additional Civil Judge (Senior Division ...

Court : Allahabad

Reported in : AIR2003All140

..... representative capacity by the respondent nos. 2 to 6, the petitioner filed an application on 13-9-2000 under the provisions of order 7, rule 11 of code of civil procedure praying that the plaint may be rejected as the same does not disclose any cause of action. it was also stated in the said application that the suit was not maintainable and is also ..... , the provisions of the societies registration act are not at all attracted, thus, the suit was specifically maintainable. he further submitted that against the order rejecting the application under order 7, rule 11 of the code of civil procedure, a revision lies, therefore, the writ petition itself is n'ot maintainable. he relied upon the following decisions :(1999) 1 scc 209 : (air 1999 sc ..... the provisions of order 1, rule 9 of code of civil procedures have not been complied with.7. the first learned additional civil judge, senior division, allahabad, respondent no. 1 vide impugned order dated 27-11-2000 has rejected the application filed by the petitioner under order 7, rule 11, c.p.c. by holding that the plaint discloses cause of action and the same is ..... barred by the provisions of societies registration act. the petitioner has also filed his objection under order 39, rule 4 of code of civil procedure for setting aside the ex parte .....

Tag this Judgment!

Apr 19 2000 (HC)

Rajendra Prakash Vs. Smt. Babita Gupta Alias Pratiba Gupta and Others

Court : Allahabad

Reported in : 2000(3)AWC2253

..... execution and registration of the saledeed or that there was a promise to pay or that there was any payment. therefore, at this stage the plaint cannot be rejected under order vii, rule 11 of the code of civil procedure.14. mr. prakash krishna had relied on a passage from mulla on the transfer of property act, 1882 at page 303 of the sixth edition ..... was an assurance by the husband of the plaintiff that such amount would be adjusted.5. the defendant had also made an application under order vii, rule 11 of the code of civil procedure for rejection of the plaint on the ground that the plaint does not disclose any cause of action. this application was dismissed by the impugned order dated 24th august, 1998. the learned ..... , which will be referred to at appropriate stage, mr. prakash krishna submits that it is abundantly clear that the plaint does not disclose any cause of action and as such, it is to be rejected under order vii, rule 11 of the code of civil procedure. he had relied on some decisions in support of his contention in this respect as well. those decisions would ..... not otherwise. therefore. it is not a question which can be decided at this stage and the plaint should be rejected on the ground of absence of cause of action. he lastly contended that in view of the proviso to section 115 of the code of civil procedure, the order having not conclusively determined the right between the parties and having not resulted into any .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //