Court : Allahabad
..... pronounced." the aforesaid provision also enables the court to require even admitted facts of the plaint to be proved if so considered necessary by the court. in line with the above provisions as contained in the code of civil procedure, a reference to section 58 of the evidence act, 1872 may also be relevant. ..... satnam singh v. surender kaur in paragraphs 14 and 15 observed as under:- "14. a 'decree' is defined in section 2 (2) of the code of civil procedure to mean the formal expression of an adjudication which, so far as regards, the court expressing it, conclusively determines the rights of the parties with regard ..... case of balraj taneja (supra), the supreme court observed as under:- "judgment" as defined in section 2(9) of the code of civil procedure means the statement given by the judge of the grounds for a decree or order. what a judgment should contain is indicated in ..... 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 determination of any question within section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal ..... a decree was resisted on behalf of judgment debtor by the purchaser, who had purchased it subsequent to the attachment before judgment. the objections were rejected and the appeal was also dismissed .in execution second appeal, the argument advanced was that the purchaser was a representative of the judgment debtor and .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1959All37
..... (l). the provisions of present order 7, rule 11, c. p. c. correspond to section 54 of the code of civil procedure of 1882.section 53 of that code provided for the rejection of the plaint in case it is not ordered to be amended or not amended and provided that such action could be taken before the ..... first hearing of the suit. there was no such restriction under section 54 and it was held that the plaint could be rejected ..... . when a pauper plaintiff dies and a legal representative is brought on the record in accordance with the provisions of order 22, rule 3 of the code of civil procedure, there arises no occa-sion to demand the court-fee. the rule is :'3. (1) where one of two or more plaintiffs dies and ..... court contending that she should have been allowed, as legal representative, to continue the suit as provided under order 33 rule 8 of the code of civil procedure, that she could not be ordered to pay court-fee when there was no application by the defendant or the government pleader under order 33 ..... the plaint in the suit before she could continue the suit as a legal representative of ganga prasad. i may mention at this stage that the first ground in the application for revision indicating that she wanted to continue the suit in terms of order 33, rule 8 of the code of civil procedure may .....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 : AIR1973All59
..... to sue, it could not be converted into a plaint as required by rule 8 of order xxxiii, civil procedure code and therefore, the application being defective, the court had no option but to reject the application for permission to sue under rule 5 (a) of order xxxiii, civil procedure code.3. i have heard learned counsel for the ..... co. ltd., (1896) ilr 20 cal 319 an application for leave to continue the suit in forma pauperis was opposed on the ground that the code gave no power to the court to allow an application for a suit not instituted in forma pauperis to be continued. it was held that the ..... duty was moved. the application was dismissed by the subordinate judge on the short ground that it was not in the form prescribed by the code. it was held that in a case like the one it was open to the plaintiff to apply to continue the suit in forma pauperis ..... in forma pauperis. there was an objection that theapplication not being in proper form was liable to be rejected under rule 5, order xxxiii, civil procedure code. this objection was overruled with the following observation:'the procedure in rules 2-8 is essentially meant for applications instituted in forma pauperis at the inception. when a ..... side.'8. in sum, i hold that the application for permission to sue in forma pauperis was not liable to be rejected merely on the ground that a separate plaint had been filed and its contents were not incorporated in the application inasmuch as there was substantial compliance with rule 2 of order .....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
..... unanimous decision, if any, though contained in separate decisions of all the three judges. 3. for the purpose of preparation of decree the procedure prescribed in the high court rules read with code of civil procedure (hereinafter referred to as "cpc") has to be observed. 4. the procedure for preparation of decree is contained in order xx rules 6, 6a, 7, 8, 9 and 18 of ..... 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 determination of any question within section 144, but shall not include,(a) any adjudication from which an appeal lies as an appeal from an order; or(b ..... in the decree particularly considering the fact that description of parties in decree is consistent with what it is in the plaint as it was on the date of judgment. request, therefore, as made vide para 1 of application is hereby rejected. 78. similarly with respect to defendant no. 6 the information about his death is not on record and none has ..... sought any substitution. the description of parties in decree is consistent with description as contained in the plaint on the date of judgment, hence we do not find any reason .....Tag this Judgment!
Court : Allahabad
Reported in : AIR2005All329; 2005(4)AWC3440
..... point, whereas, in the present case, the order dated 18-2-2005, is an order deciding an objection under order 21, rule 97, cpc, whereby the objection was rejected. after hearing counsel for the respective parties, the controversy that has to be decided in the instant case is, as to whether, the misc ..... 8-1995. in the meantime, an objection was filed under section 47, cpc by murari lal in execution case no. 21 of 1984, which was identical to the plaint allegation of suit no. 283 of 1994. the said objections were rejected by the court on 22-5-1998. a revision against said order was ..... raised on behalf of contesting respondents, regarding the maintainability of the present application. counsel for the respondents has argued that the appeal was allowed by the civil judge (senior division), on transfer from the district judge, and the case was remanded to the trial court (executing court) exercising the powers under order ..... resultant order is given the status of a decree and as against every decree, appeal is provided for, under the code. it is under such circumstances, the provision of rule 103, cpc has been incorporated by the amending act 104 of 1976 indicating the manner in which such appeals are to be dealt ..... an entry into the realm of section 96. therefore, an interpretation to the contrary would have the effect of setting at naught; the intention of the code. in view ; of a clear mandate under sub-rule (4) of rule 58, the character of a decree for all practical purposes, leaves the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1997All413
..... allegations in the plaint would determine whether the suit would be governed by s. 92 cpc. in the case at our hand, however, the parties had been heard by the court below and both the ..... 92. cpc rejecting the prayer of the appellants for leave to institute a suit of the nature spoken of under section 92, cpc. the application in question was filed by the present appellants under section 92, cpc read with order 1, rule 8 and section 151 cpc. it was stated that the property indicated in the plaint stood ..... sc 444 (r. vengopala naidu v. venkatraydu naidu charities). the question before the supreme court was regarding a representative suit under s. 92 of the cpc and not one which has been raised in the instant case. the madras high court ruled in the case reported in air 1951 mad 406 that the ..... to the conclusion that the western portion did not belong to the public trust and, accordingly, the application was dismissed.4. section 92 of the cpc speaks of suits connected with public charity. in the case of any alleged breath of any express or constructive trust created for public purposes of a ..... more persons having an interest in the trust and having obtained the leave of the court may institute a suit whether contentions or not in the principal civil court of the original jurisdiction, within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate .....Tag this Judgment!
Court : Allahabad
Reported in : 5Ind.Cas.330
..... empress v. rama sami 21 m. 114, turns upon the wording of section 419 of the code of criminal procedure but it is clear that in criminal appeals as well as in civil suits, the necessary plaint or memorandum of appeal requires to be presented to a proper person by a proper person. the ..... the prescribed period of limitation, and under those circumstances the court felt justified in holding that the previous irregularity and invalid presentation of the plaint had been covered by the subsequent action of the court and the parties. in the present case the question of limitation really arises in ..... the 18th february 1908 could affect the legal position. he contented himself, therefore, with making a note of the facts and bringing the three plaints before the munsif on the 19th february 1908 together with his report. the order then passed by the munsif was 'registered, subject to objection as ..... suits in question expired on february 17th, 1908 and not on the day following. they succeeded in persuading the suits clerk to receive the plaints, and on the following morning the suits clerk handed them to the munsarim. the latter evidently shared the mistake of the pleaders with regard to ..... the munsif of benares, and an appeal against that decree has been rejected by the learn, d district judge.2. it is quite beyond question that there was no presentation of the plaints within the meaning of section 48 of the civil procedure code (1882) on february 17th, 1909. as regards the proceeding of february .....Tag this Judgment!
Court : Allahabad
Reported in : 94ITR159(All)
..... was illegal became a live issue in this appeal.6. one of the pleas taken in the written statement was that the plaint was liable to be rejected under order 7, rule 11, civil procedure code, on 22nd february, 1964, during the course of arguments before the trial court, the defendant made an application for amendment ..... liability to pay the disputed tax. it was also pleaded that the suit was barred by order 7, rule 11, and section 11, civil procedure code.4. the learned civil judge repelled the various pleas taken in defence. he held that the plaintiff was entitled to interest at the rate of 41/2 per cent ..... to be more stringent and since it was found that the choice to adopt the special procedure or to take recourse to the civil courts had been left to the whim of the concerned official, the special procedure was violative of article 14 of the constitution as involving an invidious discrimination. in all ..... by necessary implication takes away the right of the state government to recover its tax demand by way of a civil suit.32. the municipalities act provides a detailed procedure for recovery of refund of excess octroi paid to the municipality. it was urged that those detailed provisions indicated that the ..... proceedings undertaken under the act. it will have no relevance and cannot be treated as a rule of limitation applicable to a suit instituted in the civil court. to a suit by the government, article 149 of the limitation act prescribes a period of 60 years. that would include a suit of .....Tag this Judgment!