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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Page 5 of about 1,222 results (0.063 seconds)

Feb 28 1914 (PC)

Makhan Lal and ors. Vs. Bombay, Baroda and Central India Railway Compa ...

Court : Allahabad

Reported in : AIR1914All524; 25Ind.Cas.77

..... j.1. this is an application in revision against an order of the judge of the small cause court at agra rejecting a certain plaint under the provisions of order vii, rule 11, of the code of civil procedure on the ground that it does not disclose any cause of action. the plaintiff is a merchant residing at agra. ..... the defendant is liable to be called upon to answer the plaintiff's demand within the meaning of order vii, rule 5, of the code of civil procedure reading the plaint as a whole it seems to me that it does allege the existence of a cause of action against the defendant company based on the ..... the case set forth in the plaint is that forty-one bags of sugar were consigned to the plaintiff's address from a ..... render the bombay, baroda and central india railway company, liable for this claim. on the pleadings as they stood, however, at the time when this plaint was rejected, 1 think that the necessary issue had fairly been raised between the parties and that it ought to have been tried out. i set aside the ..... assertion that they were bound to deliver forty-one bags of sugar to plaintiff and actually delivered only thirty-two. at any rate the plaint as, .....

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Apr 08 2005 (HC)

Sheo Pratap Singh Vs. Iiird A.D.J. and ors.

Court : Allahabad

Reported in : 2005(3)AWC2453

..... plaint, nor in the cause of action clause and as such, the suit was barred by time and was liable to be rejected for not disclosing cause of action. on this point i am in full agreement with the contention of learned counsel for the landlord-respondent. the expression 'cause of action' has not been defined in the code of civil procedure ..... of action arose for filing of suit on the ground of structural alteration does not find place in the plaint and as such, no decree could be passed and plaint was liable to be rejected as provided in order vii, rule 11 c.p.c. learned counsel for the petitioner contended that the ..... of the matter, it is not possible to infer that there was no cause of action or the plaint did not disclose the cause of action for filing a suit and plaint was liable to be rejected on this score. moreover, the trial court as well as revisional court found that the construction was ..... took into consideration all facts and circumstances and the evidence led by the parties and then recorded the finding.13. in paragraph 4 of the plaint, the landlord alleged that the tenant raised pucca construction in the lawn of the building as well as in the back portion and thereby caused ..... consent and knowledge of the landlord. moreover, the building in question was not disfigured and the alteration did not diminish the value, as alleged in the plaint.7. the plaintiff examined his mukhtar aam, prakash nath dixit. on the other hand, the tenant examined himself and one t.p. singh. the .....

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Jan 03 1972 (HC)

Maharaja Dharmendra Prasad Singh and anr. Vs. State of Uttar Pradesh a ...

Court : Allahabad

Reported in : AIR1973All174

..... of appeal. section 13 of the court-fees act is in the following terms:'13. if an appeal or plaint, which has been rejected by the lower court on any of the grounds mentioned in the code of civil procedure, is ordered to be received, or it a suit is remanded in appeal on any of the grounds mentioned ..... the suit to its original number in the register and proceed to investigate the merits of the case and pass a decree therein.'section 352 of the code of civil procedure, 1859 provided:'it shall not be competent to the appellate court to remand a case for a second decision by the lower court, except as provided ..... the decree of the lower court is reversed and the court intends to remand the case in the interest of justice.16. section 351 of the code of civil procedure, 1859 which was in force in 1870 when the court-fees act was passed was in the following terms:'if the lower court shall have disposed ..... all 142 (fb) and raja virendra shah ju deo v. state of uttar pradesh, 1964 all lj 868.14. order 41, rule 23 of the code of civil procedure is in the following words:'where the court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is ..... in section 351 of the same code for a second decision by the lower court, the appellate court shall grant to .....

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Jun 05 1918 (PC)

Naim-ul-haq Vs. Muhammad Subhan-ullah

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 .....

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Jan 18 2000 (HC)

Sureya Prakash Vs. Raghuvir Saran Agarwal and Others

Court : Allahabad

Reported in : 2000(2)AWC1108

..... that there was no necessity for asking better particulars on the basis of the statement made in the plaint. on this ground, he had rejected the application of defendant and had directed filing of written statement.6. order 6. rule 5 of the code of civil procedure provides that a further and better statement of the nature of the claim or defence, or further and ..... by the plaintiff by means of an application. by an order dated 19.5.1999 passed by the learned civil judge. senior division, barellly in original suit no. 151 of 1998 rejected the said application of the defendant-revisionist. against the said order civil revision no. 92 of 1999 was preferred before the learned district judge. bareilly. by an order dated 6.11 ..... or allowing the better particular under order vi, rule 5.5. having perused the order dated 19.5.1999 passed in original suit no. 151 of 1998 passed by learned civil judge, senior division, bareilly. it appears that the defendants had asked for better particulars under order vi. rule 5 of c.p.c. with regard to certain clarification. the learned ..... submits his written statement. in such circumstances having regard to the facts and circumstances of the case as well as the provisions contained in order vi, rule 5 of the code, i do not rnd it a fit case for interference at this stage.7. the revision fails and is accordingly dismissed. however, there will be no order as to cost .....

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Sep 20 1976 (HC)

Chaubey Sushil Chandra Vs. Raj Bahadur

Court : Allahabad

Reported in : AIR1977All259

..... and not tentatively in the plaint. both the parties understood that the suit was a suit for account. the plaintiff moved an amendment application, confronted with the difficulty, tot that was rejected and the court dealing with the scope of order 6 rule 17 of the code of civil procedure made the following observations:--' ..... also a case for accounting by an agent against the principal and the plaintiff, faced with similar situation, filed an application for amendment of the plaint by adding a relief for decree for specified amount. this court held that the amendment sought for would change the nature of the suit. inasmuch ..... this appeal by raj bahadur is not maintainable. when the plaintiff appellant was met with such a plea, he sought for an amendment of the plaint by adding a relief for specific amount. this application was objected to by chaubey sushil chandra defendant. his contention was that the amendment sought for ..... to be found to state the approximate amount the plaintiff fixed the amount at rs. 5,250/- only tentatively. he did not in the plaint state that this was the precise amount due to him. if he was really suing for the precise amount, that amount should have been mentioned ..... the suit by an agent against the principal for rendition of account was not maintainable therefore, he moved an application for amendment of the plaint for a decree of specified amount but the application for amendment was dismissed by the court below.8. both the parties feeling dissatisfied with .....

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Jul 09 1912 (PC)

Ganga Prosad Vs. Lachman Das and anr.

Court : Allahabad

Reported in : 16Ind.Cas.404

..... application like the present. we are not prepared to say positively that, under some circumstances, an order rejecting an application for leave to amend a plaint might not be treated as deciding a miscellaneous case between ..... the exercise of our revisional jurisdiction. there has been considerable argument before us as to whether the provisions of section 115 of the code of civil procedure apply at all to an ..... in some respects from the table given at the foot of the plaint. the plaintiff accordingly asked for permission to amend his plaint by substituting this genealogical table for, that given at the foot of the plaint. the court below has rejected this application and we are asked to set aside this order in ..... nothing to prevent the plaintiff from putting himself, or his duly authorised agent, into the witness box explaining how he came to append to his plaint a pedigree which he now believes to be incorrect, and then tendering in evidence this pedigree of 1825, and such other evidence as may be ..... he has impleaded as a defendant in the case, was the nearest reversioner to the last male owner of the estate. he appended to his plaint a genealogical table showing the descent of makundi singh and the last male owner from a common ancestor, at a later stage of the suit, .....

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Sep 07 1933 (PC)

Mt. Lugdi Vs. Har Prasad and anr.

Court : Allahabad

Reported in : AIR1934All11

..... that if a suit appears-from the statement in the plaint to be barred by any positive rule of law the court shall reject the plaint. it will therefore be seen that the plaintiff is under the necessity ..... the civil procedure code requires that the plaint should set forth the cause of action and when it accrued, and, if cause of action arose beyond the period allowed by any law for the institution of the suit, the ground upon which exemption from such law is claimed. the code of civil procedure provides ..... on demand; and the only ground upon which they resisted payment was purely a technical one under the limitation act. if therefore the proper procedure had been followed in the lower court, the plaintiff's appeal to the lower appellate court must have been successful the same result necessarily ..... to this court.2. the important point in this case is one of practice. it raises the question of pleadings. the plaintiff in her plaint alleged that this money had been deposited, that she had demanded it from the defendants, but they took no notice of her demands. eventually ..... of satisfying the court that his case is not barred by limitation. but when the plaintiff's suit is prima facie within time, then if the defendant alleges that it is not within limitation, it is for him to make out such a case. on the plaint .....

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Dec 31 1969 (HC)

Manon Vs. Jino

Court : Allahabad

Reported in : (1896)ILR18All125

..... be justified on this ground alone in dismissing the suit. we are of opinion that the code of civil procedure does not give a court power to reject such a plaint. it is true that under section 53(b)(iii) of the code a plaint may be returned for amendment, if it 'joins causes of action which ought not to ..... suit brought to set aside a deed of gift. in their judgment their lordships of the privy council say: 'the only ground of action alleged in the plaint is that the hibbanama of the 30th of may 1881 was a fabricated document, and that her (i.e., the plaintiff's) alleged signature was a forgery ..... loss. with reference to this last plea, it may be observed, that it is not alleged in the bond that the property was stolen.5. in the plaint as originally framed, two reliefs in the alternative were claimed:(1) that it may be declared by the court that the bond aforesaid, dated the 21st of ..... dying within the ten years the amount secured may be recovered from the hypothecated property with interest at 12 annas per cent, per mensem.4. the plaint alleges that the defendants colluded with one another to forge the bond, and that in order to supply a consideration for the bond they invented the story ..... be joined in the same suit.' but this, we consider, refers to causes of action the joinder of which is prohibited by section 44 of the code .....

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Feb 05 2008 (HC)

Shyam Ji Rastogi and ors. Vs. Bar Association and ors.

Court : Allahabad

Reported in : 2008(2)AWC2010

..... pass further order issuing a show cause notice upon the plaintiffs-appellants as to why the plaint should not be rejected under order vii, rule 11 of the code of civil procedure. admittedly, similar application has already been rejected by the court below in the earlier occasion. hence, according to us, any order ..... in such way should not be passed with undue haste. there is a proper procedure for the purpose of framing of ..... baldev dass : air2005sc104 , he stated that prima facie case is not attached to prima facie title, which the court below failed to appreciate and rejected the prayer for ad-interim order of injunction. at the time of grant of injunction only three aspects are to be seen by the court, i ..... they are the absolute owners of the chambers by succession/transfer. the number of the chambers is disclosed in the schedule annexed with the plaint. the bar association has always been recognizing the absolute rights of the plaintiffs-appellants and their predecessors. in june, 2007, the respondent bar ..... the accommodation of the barristers, vakils, pleaders and legal practitioners of the district of cawnpore for all purposes connected with their practice in the civil and criminal courts, their clients and for our bar library.thirdly.-- that if we shall, for three months after receipt thereof, fail to .....

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