Court : Allahabad
Reported in : 1998(2)AWC831
..... learned counsel for the respondents that only the judgment was filed and not the decree and so the civil appeal before the lower appellate court was not competent under section 96. the definition of 'decree', as given in the code of civil procedure, indicates that rejection of a plaint is covered within the term 'decree' and as such, in my view, there should not have been ..... any further formal recording of the decree to enable the appellant to make an appeal. moreover, this point should have been raised before the first appellate court.7. coming to the plaint, it is found ..... order dated 1.9.1993 the injunction prayer was disallowed and the plaintiff had a right to file a miscellaneous appeal under order xliii, rule 1 (r) of the code of civil procedure and against such an appeal, no second appeal would lie. it was further stated that the plaintiff had deliberately paid a deficient court-fee before the lower appellate court. this ..... directed against the first appellate judgment and decree dated 23.9.1993 recorded by the district judge. gorakhpur in civil appeal no. 49 of 1993, which was preferred by the present appellant. the aforesaid civil appeal was dismissed and the decree of rejection of the plaint by the court below was upheld.3. it appears that the present appellant filed suit no. 318 of .....Tag this Judgment!
Court : Allahabad
Reported in : (1919)ILR61All1
..... one which a person claiming an interest in the alleged trust could only maintain under the provisions of section 92 of the code of civil procedure, so that the plaint ought to have been rejected as it stood, on the ground that it contravenes the provisions of that section and was filed without the consent of the ..... same, and to be entitled to maintain the suit independently of the provisions of section 92 of the code of civil procedure. the reliefs sought are a declaration that the property specified at the foot of the plaint is 'the waqf property,' the removal of the defendant from the post of mutawilli, or managing trustee ..... purposes is after all such a mere pretence that trusts or endowments of this nature are not subject to the provisions of section 92 of the code of civil procedure.19. having said this much, i think it fair to add, with reference to the facts of this particular case, that i am far ..... by the present appellant.18. there remains only the contention raised by the respondent as to the bearing on this suit of section 92 of the code of civil procedure, and this it is not necessary for me to determine now in order to dispose of the appeal. i desire, however to say a ..... the fact that there has been a substantial change in the law since the passing of the present code of civil procedure. act no. v of 1908. under the corresponding section 539 of the former code there was a certain conflict of authority on the question whether the section had any restrictive effect in .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(3)AWC2693
..... district judge, court no. 7, bareilly in election petition no. 34 of 2006 between chabbili devi v. mohd. kaisar rejecting his application under order vii, rule 11, code of civil procedure for rejection of the plaint.3. shri t.p. singh, learned counsel for the petitioner submits that the election petition was liable to be dismissed ..... also found that there was sufficient pleading supported by material particulars and thus the election petition was not liable to be rejected under order vii, rule 11 of the code of civil procedure.6. shri t.p. singh submits that the note of munsarim on the election petition is sufficient material to prove that ..... p.c. the written statement has to be filed within 30 days and with adjournment upto a maximum period of 90 days. the mandate of the code of civil procedure with regard to time frame within which the written statement has to be filed is relaxed by the supreme court in kailash v. narihku : air2005sc2441 ..... nagar panchayat, and were entitled to vote at only one place voted at two places and thereby all these 76 votes were liable to be rejected. one of the person was not present and was employed. the 21 persons had died before 3.11.2006 (the date of election) in ..... the election. the election petition has been filed with fishing and roving allegations, which do not constitute cause of action and was liable to be rejected.4. shri siddharth verma on the other hand submits that cause of action is the bundle of facts, which constitutes a cause to maintain a .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
..... every complaint and affidavit under this rule as well as any schedule or annexure thereto shall be verified in the manner laid down in the code of civil procedure, 1908 for the verification of pleadings and affidavit respectively.(4) not less than three copies of the complaint as well as of each of ..... provisions of rule 3(5). the provision is analogous to order 7, rule 11 cpc, which provides that if the plaint is not filed in duplicate as required under order 4 rule 1 cpc, the plaint is to be rejected, ix. as the complaint itself was not in accordance with rules, in view of ..... could approached this court to challenge the order. the only possible answer is no.43. in view of the above, the application for impleadment stands rejected. however, since the issues raised in this writ petition have' wide repercussions and since the questions to be answered are of a serious nature, we ..... his title to someone. however, in dr. duryodhan sahu and ors. v. jitendra kumar mishra and ors., : (1998)iillj1013sc , the hon'ble supreme court rejected the claim of a stranger to maintain a writ petition even in public interest.23. in m.s. jayaraj v. commissioner of excise, kerala and ors., : ..... motivated person and is there beneficiary of the impugned order. he cannot be termed as a 'person aggrieved'. therefore, his application is liable to be rejected. shri s.m.a. kazmi, learned chief standing counsel has supported shri shashi nandan and submitted that the application for impleadment deserves to be allowed. .....Tag this Judgment!
Court : Allahabad
Reported in : (1885)ILR7All79
..... , are the general scope and objects of the provisions contained in section 53 of the code.16. as to the nature of the power conferred upon the court by section 53, i need not say much, for it seems to mo obvious that the power of rejecting plaints under that section is essentially a discretionary power, exercisable summarily by the court suo motu ..... be answered in the negative.mahmood, j.9. the question put to us in this case, though expressed in general' terms, is whether, under section 53 of the civil procedure code, a plaint may be rejected at any time subsequent to the first hearing of the suit; and, in considering this question, i have arrived at the same conclusion as the learned chief justice.10 ..... referred to us must be answered in the negative. we think that the words 'at or before the first hearing 'in section 53 of the civil procedure code are mandatory and not directory, and that a plaint cannot be ' rejected,' 'returned for amendment,' or 'amended then and there' by a court after the first hearing. it will be convenient in dealing with the point before ..... (which relates to the same matter), taken with the provisions of section 4 of the act, leaves no room for doubting the proposition that applications under section 328 of the civil procedure code cannot be entertained after the expiration of the period of one month therein specified, unless indeed the rules of computing the period of limitation in themselves permit an extension of .....Tag this Judgment!
Court : DRAT Allahabad
Reported in : III(2006)BC54
..... period of notice under section 80 of the cpc the plaint was taken back by the appellant-bank and then again flied on the same ..... 1998 of the order sheet of the suit before the civil court, it is clear that the suit was filed on 5th december, 1997 with a prayer to waive the right of notice under section 80 of the cpc but when the same has been rejected and the plaint was ordered to be returned, then after spending the ..... december, 1997 pending and then included respondent-defendant no. 2 after expiry of the period of notice under section 80 of the cpc, but the same was not done, rather the plaint got returned and then filed afresh on 11th february, 1998 and hence the suit should be construed as filed on 11th february, ..... that necessity arose to file the suit premature because of urgency without compliance of section 80 (1) of the cpc the plaint was ordered to be returned as no urgency was found and as such the plaint was taken back from the side of the appellant-bank and it was re-filed on 11th february, 1998 ..... -operative society act vide notice dated 10th october, 1997 and also the notice was sent under section 80 of the cpc on that date. after expiry of the period of notice, the re-submitted plaint was registered before the district judge, indore and when the debts recovery tribunal was set up at jabalpur, the same .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1997All323
..... without reserving its right to invoke the provisions of order 7, rule 11 of the code of civil procedure, there was no scope for the defendant (i.t.c.) to file a separate application for rejection of the plaint invoke the provisions of order 7, rule ii of the code of civil procedure. he further opined that for this pequent position the defendant (i.t.c.) must blame ..... will have a jurisdiction to entertain the suit and grant the relief of injunction under a true interpretation of section 9 of the code of civil procedure.25. to recapitulate the plaint allegation again, it may be stated that the plaintiffs were the smokers of the impugned brand-named cigarettes. they did not know what were the printed declarations on the packets ..... order1. this application under section 115 of the code of civil procedure has been directed against an order dated 26-5-1996 recorded by learned civil judge senior division, gorakhpur, in original suit no. 208 of 1995 whereby he had rejected the application made by the defendant-revisionists under order vii, rule 11, c.p.c. the plaintiffs had filed a suit against the i.t ..... trade mark. in my view, these case laws are not applicable to the present set of facts. in the case of k.t. pavunny : air1982ker309 a suit under the code of civil procedure for permanent injunction was entertained on the averment that the defendants were carrying on business in a name which was likely to misland the public into the belief that the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1963All476
..... should return the appeal for presentation to a competent court, but we see no justification to do this. order vii, rule 11, c. p. c., applies to plaints and not to memorandum of appeals, me appellants deliberately and perversely enhanced arbitrarily the value of the appeal in order to exclude the jurisdiction of the district judge over it ..... court-fee purposes, vide section 8 of the suits valuation act. in the court fees act same court-fee is payable on a memorandum of appeal as on the plaint. it follows from this also that jurisdictional value of an appeal must be the same as that of the suit. we, therefore, upheld the preliminary objection and hold ..... passed in it will lie to the district judge, otherwise it will lie to the high court. in the full bench case no valuation was put down on the plaint at all and it could not be said to be not in excess of rs. 10,000/- and consequently the appeal lay to the high court. in yudhisthir ..... being amended. if in its unamended form it cannot be received by the district judge, it cannot be returned for presentation in his court and must be rejected. it may be open to the appellant to file another appeal in the district judge's court. 4. we dismiss the appeal with costs. ..... desai, c.j. 1. in this appeal arising from a decree passed for restitution of conjugal rights under the hindu marriage act by a civil judge a preliminary objection has been raised on behalf of the respondent that it does not lie in this court. the respondent valued the suit at rs. .....Tag this Judgment!
Court : Allahabad
Reported in : (1907)ILR29All325
..... suit to proceed on the other issues, and he adds as follows: 'the plaint so far as it claims this alternative relief in the general terms of paragraph 11(d) will be held to be rejected under section 54, code of civil procedure.' both courts below found that the land which was demised to mr. frederic wilson ..... of appeal, one being that the court below was not justified under the provisions of section 54 in rejecting portion of the claim of the plaintiff's. that section only provides for the rejection of a plaint in the event of any of the matters specified in that section not being complied with. it does ..... in the lease. in consequence of this the learned subordinate judge passed an order on the 18th of september 1903 directing the plaintiff to amend his plaint by giving the boundaries of the land in excess of the 12 kachha bighas, which the plaintiff alleged was all that had been demised to frederic ..... not justify the rejection of any particular portion of a plaint, as was the case here. the court ought to have tried ..... the issues which were framed, and if the plaintiff failed in his proofs to establish his claim then reject the claim. we think the plaintiff should have .....Tag this Judgment!
Court : Allahabad
Reported in : (1886)ILR8All191
..... judge's order may be, is this court empowered to interfere with it under section 622.6. the order of the subordinate judge is substantially an order rejecting the plaint. it was made on the ground that the plaintiff bad joined a cause of action with a suit for recovery of immoveable property. this may be ..... a misapplication of section 44(a); but the effect of the order was to reject the plaint, and such an order is a decree, with reference to the definition in section 2 and is appealable as a decree to the judge, and in ..... to him.4. the plaintiff has now appealed to this court to revise the orders of the courts below under section 622 of the civil procedure code.5. there was no appeal to the judge from the order of the subordinate judge under any of the provisions in section 588 of the ..... civil procedure code. he therefore rightly dismissed the appeal, which had been instituted as an appeal from an order, and this court cannot interfere in revision with his ..... j.1. this is an application under section 622 of the civil procedure code. the petitioner instituted a suit by filing a plaint in the subordinate judge's court, in which he claimed to recover possession of a house, together with some grain which was stored in it. the plaint was registered. subsequently to its registration, it appears to have .....Tag this Judgment!