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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Page 4 of about 1,222 results (0.033 seconds)

Aug 22 1990 (HC)

Sunni Central Waqf Board and Others Vs. Gopal Ingh Vishrad and Others

Court : Allahabad

Reported in : AIR1991All89

..... a. no. 18(0) of 1989) for rejection of the plaint. we may, however, make brief observation on the plea.37. the aforesaid application was made under o. vii, r. ii of the code of civil procedure, 1908. from the order dated 23rd october 1989 it appears that rejection of the plaint was pressed on the following grounds:--i) that ..... the relief of declaration claimed in cl. (a) of para 24 of the plaint was barred by the limitation of six years prescribed by ..... lop-sided trial of the suit. this observation of their lordships now finds statutory recognition in sub-r.(l) of 0. 14, r. 2 of the code of civil procedure reproduced hereinabove. according to this sub-rule normal rule is to decide all the issues together. sub-r. (2) carves out exception to this normal rule ..... should not be decided as preliminary issues even if they fall within the ambit of els. (a) and (b) of r. 2 of 0.14 of the code of civil procedure.33. in major s. s. khanna v. brig. f. j. dhillon : [1964]4scr409 their lordships have : (1963 all lj 1068) observed that normally all ..... preliminary issue is to be decided by this court. there is no direction either way from their lordships.10. 0.14, r.2 of the code of civil procedure as it stood prior to the amendment made in the year 1976 read as follows:--'r. 2. where issues both of law and of fact arise .....

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Dec 31 1969 (HC)

Mazhar HusaIn and anr. Vs. Nidhi Lal

Court : Allahabad

Reported in : (1885)ILR7All230

..... plaint, as soon as the fact that the suit is a 'munsif's case' has been ascertained. there is a marked distinction between the terms of section 53 of the code of civil procedure and those of section 57. the words 'at or before the first hearing' are absent from section 57, and instead of 'may be' rejected ..... , act xiv of 1882).22. high courts, in the exercise of their original jurisdiction, are not subject to the provisions of section 57 of the code of civil procedure, but district and subordinate judges are bound by them; and i fail, with reference to those provisions of the law, to understand how a subordinate ..... that the case of the presidency small cause courts is not truly analogous, because (section 638, act xiv of 1882) section 57 of the code of civil procedure does not apply to high courts; and that the intention of the legislature was, while preventing subordinate judges from throwing open their courts to suitors ..... conferred by section 19 of act vi of 1871 is not conferred absolutely, but is made subject to the restrictions imposed on it by the code of civil procedure; that the terms of section 57(a) of act xiv of 1882 constitute an express provision of the law, ousting (except under the provision ..... local government with the powers of a munsif under section 13, or such suits had been transferred to them by the district judge under the code of civil procedure.7. the jurisdiction of a munsif under section 20, act vi of 1871, is exactly the same as it was by section 13, act .....

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Sep 16 1998 (HC)

Mukesh Kumar Srivastava Vs. Anant Sahkari Avas Samiti Ltd., Allahabad ...

Court : Allahabad

Reported in : 1999(1)AWC636

..... the meaning of section 115a of the code, the order under challenge herein is reviseablc under section 115 of the code of civil procedure. a perusal of the plaint (annexure-2 to the petition) would ..... relating to execution of decrees and orders of civil court as embodied in the code of civil procedure as well as the remedial provisions of appeal or revision contained therein. since i have taken the view that determination of any question within the meaning of section 47 of the code and for that purpose, an order rejecting an execution application is not appealable under the ..... xxxix, rule 2a of the code of civil procedure. part ii of the code provides for execution of decrees and which by virtue of section 36 of the code, the provisions relating to execution shall, so far as they are applicable, be deemed to apply to the execution of 'orders'. the executing court in the instant case has rejected the application for execution on the ..... code and that such order is a 'case decided' within .....

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Feb 01 2000 (HC)

Parmeshwar Khanna and Others Vs. Smt. Bhagwati Devi and Others

Court : Allahabad

Reported in : 2000(1)AWC699

..... , 1999, the learned additional district judge, xvith court. meerut, being the judge, small causes court, had rejected the defendant's application under order vii. rule 10 of the code of civil procedure for return of the plaint in s.c.c. suit no. 13 of 1995. the defendant had filed an application for review, which ..... was also rejected by an order dated 17th november, 1999 passed in s.c.c. suit no. ..... even after the defendant appears, whenever the court is of opinion that it had no jurisdiction and the plaint should have been presented before a competent court of jurisdiction, it may adopt the procedure under rule 10a when the plaintiff agrees. if the plaintiff does not agree, then the court has ..... chand satish chand. : air1981all112 . this court had held that lack of jurisdiction when found after evidence is led. the proper order is to return the plaint and not to dismiss. same view was taken in kalka prasad v. jangi singh : air1931all664 and arjun rautara v. maharaja krishna chandra gajpati narayan deo, ..... is satisfied that ithas no jurisdiction, as was held in athmanathaswami devasthanam v. k gopalaswami ayyangar, air 1965 sc 338, it has to return the plaint. it can be done after hearing the preliminary issue as laid down in lala dhanpat rai v. sri prem sunder bhargava : air1962all572 .5. at .....

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Jan 27 1998 (HC)

Purnmasi Yadav Vs. Narbedeshwar Tripathi and Others

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 .....

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Aug 26 1998 (HC)

Rahmullah and Others Vs. District Judge and Others

Court : Allahabad

Reported in : 1998(4)AWC253

..... described at the foot of the plaint in respect of the suit property described therein. in connection with the said suit, the plaintiff had filed an application under order xxxix, rule 1 of the code of civil procedure for temporary and ad interim injunction. by an order dated 21.3.1998, learnedcivil judge, (s.d.). siddharth nagar had rejected the application for temporary injunction. misc ..... . civil appeal no. 18 of 1998 was preferred by the plaintiff. by an order dated 2.5 ..... the relief falls outside the purview of section 34 of the act in that case the courts have power to grant such a decree under the general provisions of the code of civil procedure in continuity of the requirement of the section. since relief of delivery of possession could not have been granted without a complete cause of action being set out in ..... the plaint, the argument of the learned counsel for the appellant that the court ought to have awarded the relief by granting a decree for possession, though it had not been asked .....

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Nov 15 1972 (HC)

Ganesh Vs. Sri Ram Lalaji Mahraj Birajman Mandir and ors.

Court : Allahabad

Reported in : AIR1973All116

..... deserve to be allowed. 10. before parting with the case we may also refer to order vii, rule 3 of the code of civil procedure, which provides:-- 'where the subject-matter of the suit is immoveable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such, property can be identified by boundaries ..... clerical mistakes occurring due to inadvertence in a mortgage deed giving rise to repetition of the same mistake in the plaint and the decree can be corrected in exercise of powers under sections 151 and 152 of the code of civil procedure. this case was also a case of incorrect description or misdescription of an item of the mortgaged property. ..... . this application was opposed on the ground that no such amendment could be made under section 152 of the code of civil procedure. in support of this submission that such amendment ..... plaint, the preliminary decree, the final decree, execution application and the sale certificate. the mistake was discovered in mutation proceedings in the revenue court, and because of this mistake in the description of the mortgaged property the mutation application was rejected by the revenue court. thereupon the decree-holder applied for the amendment of the decree under section 152 of the code of civil procedure .....

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Aug 13 1907 (PC)

Akbar HusaIn Vs. Hari Ram

Court : Allahabad

Reported in : (1907)ILR29All749

..... registered, the mistake has become the mistake of the court. if the court or the munsarim discover the plaintiff's mistake before registration of the plaint, the plaint would at once be rejected under section 54 of the code of civil procedure and never registered at all.39. i hold, therefore, that section 28 is subject to no such limitations as are contended for. when it ..... has been discovered at any time that through mistake or inadvertence a plaint has been filed on an insufficient court fee stamp, any judge who discovers the mistake ..... applicable to such an investigation by clause (iii) of that section, which has since been repealed by the general repealing act of 1891, as section 392 of the present code of civil procedure (act xiv of 1882) distinctly provides for the issue of a commission for the purpose of ascertaining the annual nett profits of the property in dispute. under section 392 a ..... been his view that, whenever an insufficiently stamped plaint is admitted, the plaint must be deemed to have been admitted through the mistake or inadvertence of the court or office. the manifest hardship of the decision in balkaran rai v. gobind nath tewari led to the introduction of a new section (582a) into the code of civil procedure, and it is now expressly provided by .....

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Dec 31 1969 (HC)

Mathura Singh Vs. Bhawani Singh and ors.

Court : Allahabad

Reported in : (1900)ILR22All248

..... to entertain it by reason of sections 26, 31 and 45 of the code of civil procedure, which show that plaintiffs cannot join in respect of distinct causes of action against the same defendants. in such a case either the plaint must be rejected, if not amended so as to remove the defect (and here from ..... cause of action. but this court held that the first court, instead of dismissing the suit, ought, under section 53 of the code of civil procedure, to have returned the plaint for amendment by striking out the names of all the plaintiffs except one, who should be allowed to continue the suit alone. accordingly ..... precluded the court from considering the issues involved in the case, either by reason of absence of jurisdiction, or by reason of rules of procedure prescribed in the code of civil procedure, or some other cause of a similar nature; the inability, however, of the court to consider the case must not be due to ..... this court remanded the case under section 562 with a direction to the first court to return the plaint for amendment in the manner ..... but to the plaintiff and a partner who had not joined in the suit. the judgment expressly says 'it was not merely a case of procedure; it was a case of a plaintiff coming into court and failing to prove a cause of action in himself against the defendant, and thus .....

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Jan 03 1958 (HC)

Madan Lal Vs. Zargham Haider and ors.

Court : Allahabad

Reported in : AIR1958All596

..... the tribunal, as nearly as may be , in accordance with the procedure applicable under the code of civil procedure, 1908 (5 of 1908), to the trial of suits'.an examination of the provision of the code of civil procedure would show that in cases where a plaint does not disclose any cause of action the plaint can be rejected under order 7, rule 11. if, therefore,, it be held that ..... the dismissal of the election petition by the tribunal in the present case was not a decision on merits but a decision under the provisions of the code of civil procedure, the ..... code of civil procedure itself. section 2 of the code of civil procedure means,'the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint ..... by dismissal of the petition. that order was, therefore, in the nature ofan order dismissing a suit, which order of dismissal under the code of civil procedure is treated as a decree. consequently, even if the provisions of the code of civil procedure are examined and the effect of the order of 28-8-1957 is considered in the light of those provisions it would appear .....

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