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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Page 6 of about 1,222 results (0.031 seconds)

Sep 07 1999 (HC)

Sukhbir Singh Vs. Iind Additional District Judge and Others

Court : Allahabad

Reported in : 1999(4)AWC3195

..... meaning of section 115 of the code, the order under challenge herein is revisable under section 115 of the code of civil procedure. a perusal of the plaint (annexure-2 to the petition) would ..... provisions 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 appeliable under the ..... in respect of the appeals those shall lie to the learned district judges. the said notification does not deal with the pecuniary jurisdiction with regard to section 115 of the code of civil procedure, whereas by virtue of the amendment brought about under section 115 of the c.p.c. through act no. 17 of 1991 shows that under section 115 of the ..... code and that such order is a 'case decided' within the .....

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Nov 17 2004 (HC)

Rafique UddIn and ors. Vs. A.D.J. (Court No. 1) and anr.

Court : Allahabad

Reported in : 2005(1)ARC149; 2005(1)AWC322

..... plaint. the learned counsel further contended that the application for additional evidence was rightly rejected as there was justifiable ground to make out a case warranting admissibility of additional evidence at appellate stage.5. in connection with the question involved here in this petition, i feel called to acquaint myself with the relevant provisions of the code of civil procedure. section 107(d) of the civil procedure code ..... paragraph 15b has the complexion of introducing a new case, which is not permissible at appellate stage. therefore, it leaves no manner of doubt that the appellate court has rightly rejected the application in so far as pleadings as contained in paragraph 15b are concerned. the learned counsel for the petitioners also cited decision in b.k. narayan pillai v. parameshwaran ..... of appeal, the petitioners preferred application nos. 269c under order xli, rule 27, c.p.c. and 296c for amendment in the written statement. the aforestated applications came to be rejected by means of impugned order dated 10.10.2003 and it is in the above backdrop that the present petition has been instituted for the relief of writ of certiorari ..... .1. petition in hand has its genesis in the impugned order dated 10.10.2003, passed in civil appeal no. 276 whereby application no. 269c under order xli, rule 27, c.p.c. and application no. 296c for amendment in the written statement have been rejected by the lower appellate court.2. it would appear from the record that suit no. 912 .....

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Dec 05 2008 (HC)

Smt. Prem Wati and anr. Vs. Smt. Munni Devi Alias Minakshi and anr.

Court : Allahabad

Reported in : 2009(2)AWC1099

..... appeal has been mentioned under order xli and xlii of the code of civil procedure. if section 100 of code of civil procedure is read with order xli and xlii together, then it will transpire that second appeal will lie only against the judgment and decree and not otherwise.9. now, the question would be whether rejection of an application filed under section 5 of indian limitation ..... ) of code of civil procedure is reproduced below:'decree' 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 and ..... the definition given under section 2(9) of the code of civil procedure read with rule 32 of order xli of the same code. the full bench decision of calcutta high court in mamuda khateen and ors. v. beniyan bibi and ors. : air1976cal415 , has observed as under:an order rejecting the memorandum of appeal following the rejection of an application under section 5 of the limitation ..... act is a judgment in the eye of law as defined under section 2(9) read with order xli, rule 32 of the code of civil procedure and the copy of the formal order annexed with memo of appeal amounts .....

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Nov 19 1924 (PC)

Lachmi and anr. Vs. Ram Bahadur

Court : Allahabad

Reported in : AIR1925All275a

daniels, j.1. it appears to me in this case that the learned judge has misunderstood the meaning of the words in clause (d) of rule 5 of order 33, of the code of civil procedure, 'where his allegations do not show a cause of action.' he has rejected the application to sue as a pauper not on the ground that the plaint does not disclose a cause of action, but on the ground that the defendant had a good defence to the suit, namely that the matter in suit between the parties was merely res judicata. it was not opened to the learned judge to dismiss the application on this ground and in doing so he has exercised a jurisdiction not vested in him by law or has at any rate acted with material irregularity in the exercise of his jurisdiction.2. i accordingly allow this application, set aside the order of the court below and direct that court to enquire into the application on the merits. costs will abide the result.

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Feb 21 1972 (HC)

Molhar Singh Vs. Raghunath

Court : Allahabad

Reported in : AIR1972All483

..... of the petition. section 18 says that the procedure laid down in the code of civil procedure, 1908, with respect to the admission of the plaints, shall, so far as it is applicable, be followed in the case of insolvency petition. thus, the court has power to reject an insolvency petition on grounds enumerated in the code of civil procedure. section 19 provides that where an insolvency ..... petition is admitted, the court shall make an order fixing a date for hearing the petition. section 24 laid down the procedure ..... authorises the insolvency court to appoint a receiver who can take immediate possession of the debtor's property. he has all the power of a receiver appointed under the code of civil procedure. thus, even under the provincial insolvency act the court can take control and manage the property of a debtor prior to his adjudication.17. in the result we ..... clause would have been enacted.9. in view of section 5 of the provincial insolvency act the procedure given in the code of civil procedure applies to insolvency proceedings. when a party dies his heirs and legal representatives can be substituted under order 22 of the code of civil procedure. now, if the right to sue does not survive the proceedings abate. the question whether .....

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Jul 10 1980 (HC)

indrasan Vs. Lucknow Nagar Mahapalika and ors.

Court : Allahabad

Reported in : AIR1981All193

..... , the plaintiff has filed this revision.2. i have gone through the impugned order. in my view the grounds on which the application was rejected are not tenable. under rule 1 of order xxxiii of the code of civil procedure, prior to its amendment, a person was deemed to be a pauper when he was not possessed of sufficient means to enable him to ..... pay the fee prescribed by law for the plaint in such suit. in the case in hand it was not shown that the plaintiff was possessed ..... have to pay should not be gone into, and he should be allowed to sue as a pauper. in the case in hand the court below fell in error while rejecting the application when there was no evidence that the plaintiff was possessed of sufficient means to enable him to pay the fee prescribed by law. the court below has thus .....

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May 02 2008 (HC)

Mohd. Kaisar Vs. Chabbili Devi

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 .....

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Mar 12 1976 (HC)

Master Shivaraj Singh Vs. Bankey Lal and ors.

Court : Allahabad

Reported in : AIR1977All68

..... -fees under section 13 of the court-fees act. the said section permits refund of court-fees 'if an appeal or a 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 if a suit is remanded in appeal on any of the grounds mentioned in section 351 ..... of the same code for a second decision by the lower court.' at the time when the court-fees act was framed the code of civil procedure, 1859 ..... court-fees act referred to section 351 of the 1859 code. subsequently the, code of 1859 was repealed and replaced by the code of civil procedure, 1877. section 562 of the code of 1877; wag in terms almost identical with section 351 of the earlier code. the code of 1877 was in turn repealed and replaced by the code of civil procedure, 1882, and it contained a corresponding provision of section ..... 562. then the code of 1882 was repealed and replaced by the present code of civil procedure. corresponding to section 562 of the code, of 1882 is order 41, rule 23 of the present .....

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Mar 06 1974 (HC)

Ghanshiam Singh Vs. Smt. Har Piarey and anr.

Court : Allahabad

Reported in : AIR1974All229

..... the deceased judgment-debtor the decision is a decree. it was held that such a decision comes under clause (3) of section 47 of the code of civil procedure and that an appeal lies against it. same was the view taken by another division bench in ram autar's case : air1936all479 (supra). in ..... 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 ..... 7. in my opinion the decision by the execution court was a decree within meaning of the said term in section 2(2) of the code of civil procedure which defines a decree as follows:--' 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, ..... shall be determined by the court executing the decree and not by a separate suit. this sub-section left to itself does not provide for any procedure to determine as to whether a person is or is not the representative of a party. even if sub-section (3) had not been ..... execution court under section 47 and such a decision is appealable under the provisions of the code.10. some controversy was raised at the bar as to whether a decision under order xxii, rule 5, civil p. c. could or could not operate as res judicata in a subsequent suit but .....

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Dec 31 1969 (HC)

Damodar Das Vs. Gokal Chand and ors.

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 .....

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