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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Page 8 of about 1,222 results (0.039 seconds)

Aug 17 1992 (HC)

Kashi Nath Misra Vs. Vikramaditya and Others

Court : Allahabad

Reported in : AIR1993All32; (1992)2UPLBEC1239

..... and must be dismissed under the provisions of civil procedure code if the mandatory requirement enjoined by s. 83 to incorporate the material facts and particulars relating to the alleged corrupt practice in the election petition are not complied with. as a plaint in a civil suit can be rejected for non-disclosure of cause of action under ..... back by the presiding officer. requirement of signature of presiding officer being mandatory, assertion of the petitioner that his ballot appers bereft of signatures were wrongly rejected, has no legal basis. in sub-para (xxxviii) of para 15 it is stated that objections were raised against the ballot papers being mixed up. ..... and claiming a recount thatthe application for inspection must be considered.' 12. in view of r. 56(3) of the rules which states that before rejecting any ballot paper under sub-rule (2), the returning officer shall allow to each counting agent present a reasonable opportunity of inspecting the ballot papers, the ..... opportunity ofacquainting himself with the manner in which the ballot boxes were scrutinised and opened and votes were counted. he has also opportunity of inspecting the rejected ballot papers and of demanding a recount. it is in the light of the provisions of s. 83(1) which requires aconcise statement of material ..... order1. this is an application under o.6, r. 16, read with o.7, r. 11 of the code of civil procedure (c.p.c.) and s. 86(1) of the representation of people act, 1951 (briefly, the act) by respondent no. 1 .....

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Sep 07 2005 (HC)

Mukhtar Ahmad Vs. Sirajul Haq and ors.

Court : Allahabad

Reported in : 2006(3)AWC2182

..... . swaraj developers and ors. (supra) lays down that the revision is not maintainable against an interlocutory or interim order. the apex court while considering provisions of section 115 of the code of civil procedure, made following observation in paragraph 32: (at page 2442 of air).32. a plain reading of section 115, as it stands makes it clear that the stress is on ..... of the order dated 21.8.2004 has rejected the application filed by the petitioner. feeling aggrieved by the said order of the first additional civil judge (senior division), petitioner preferred civil revision no. 239 of 2004 under section 115 of the civil procedure code. the revision so filed by the petitioner has been dismissed by the district judge ..... . therefore, this court in the case of brij bhushan has not laid as proposition of law that in no case revision would be entertained where an amendment application has been rejected. the high court had upheld the order passed by the district judge refusing to entertain revision on the ground that no prejudice has been caused to the petitioner in the ..... thereto. in the suit filed by the petitioner-plaintiff. sri sirajul haq filed his written statement. the petitioner, however, filed an application for amendment of the plaint allegation under order vi, rule 6 of the civil procedure code. the application was numbered as paper no. 77ka. sri sirajul haq, who was defendant in the said suit, filed his objections. the trial court by means .....

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Sep 24 2010 (HC)

Ms Larsen and Toubro Limited. Vs. Ms Maharaji Educational Trust

Court : Allahabad

..... raised or could have been raised at that stage cannot be allowed to be raised again and again by pressing into service section 47 of the code of civil procedure at the time of execution of award under section 36 of the act. 28. in view of the aforesaid facts and discussions, the applicant ..... 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 ..... i have considered the arguments advanced by the learned counsel for the parties and perused the record. 11. it is no doubt correct that district judge has rejected the objections filed by the applicant under section 47 c. p. c. in the proceedings for execution of the award on the ground that they are ..... section 151 c.p.c.. the district judge vide impugned judgment and order dated 26.3.2010 dismissed the objection on the ground that earlier order rejecting the application under section 34 of the act will operate as res-judicata and hence objection filed under section 47 c.p.c. was not maintainable ..... with an application for condonation of delay under section 14 of the limitation act. the district judge, ghaziabad vide judgment and order dated 14.12.2007 rejected the application for condonation of delay and as a result, the application under section 34 of the act also stood dismissed. the order was challenged .....

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Oct 31 1933 (PC)

Jagannath Vs. Ram Gopal

Court : Allahabad

Reported in : AIR1934All160; 147Ind.Cas.342

..... full power to refuse to accept a memorandum of appeal when the amount of the court-fee paid was insufficient. in the present case however the plaint had not been rejected. the court might no doubt have rejected it under section 6 of the court-fees act, but it did not do so, and gave the plaintiff time to make good the deficiency ..... to the provisions of the law; that is to say, it had not fully considered the effect of section 6 of the court-fees act and section 149 of the civil procedure code and also the decision of this court in the case of brijbhukan v. tota bam : air1929all75 . in that case sir section m. sulaiman (now chief justice) remarked on the objectionable ..... 24th september 1929 and the suit was filed on 11th october 1932, that is to say, on the day of the opening of the courts after the long vacation. the plaint was stamped wife a court-fee stamp of rs. 4 only instead of rs. 39, and on the office report the court ordered that the deficiency should be made good ..... had not been paid on 11th october 1932 but the order of the court passed under section 149 of the civil p.c., allowing the plaintiff two days in which to make good the deficiency undoubtedly had the effect of giving the plaint 'the same force and effect as if such fee had been paid in the first instance'. mr. ghatak's .....

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Apr 27 1998 (HC)

Vishwanath Chopra Vs. Ist Additional District Judge, Allahabad and Oth ...

Court : Allahabad

Reported in : 1998(2)AWC1540

..... regard to all or any of the matter in controversy in the suit and may either preliminary or final it shall be deemed to include the rejection of the plaint and determination of any question within section 144 but shall not include (a) any adjudication from which an appeal lies or appeal from an order ..... application was filed by the respondents on 22nd december, 1989 for the first time to strike off the defence under order xv, rule 5 of the civil procedure code. the application was contested by the petitioner that this application is not maintainable before the revisional authority. an application was also filed by the petitioner offering ..... in accordance with law.13. i accordingly, allow the writ petition, set aside the judgment passed by the revisional court dated 1st december, 1997 in civil revision no. 431 of 1984 and remand the case to the revisional court to decide it afresh in accordance with law.14. there will be no orders ..... the court from whose the decree and appeal is preferred with a direction to re-admit the suit on it s original number in the register of civil suit and proceed to determine the suit : and evidence if any, recorded during the original suit shall be subject to all just exceptions put evidence, ..... j.1. the petitioner by means of present writ petition has challenged the order dated 1st december, 1997, passed by the respondent no. 1 in civil rev. no. 431 of 1994 which has been filed as annexure-8 to the writ petition.2. the brief facts giving rise to the present .....

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Dec 05 2002 (HC)

Dr. Chandra Mohan Singhal and ors. Vs. State of U.P.

Court : Allahabad

Reported in : 2003(1)AWC251

..... srivastava, advocate withdrew from the case. it be also mentioned that the impugned order was passed on the application under order vii, rule 11, c.p.c. for rejecting the plaint as early as on 27.9.1993, against which the defendant revisionist filed writ petition nos. 38645 of 1993 and 38647 of 1993. the writ petitions were entertained by this ..... revisions were heard on merits.20. the question whether the suit could proceed, or the plaint should be rejected go to very root of the matter. the exercise of powers in wrongly rejecting the plaint under order vii, rule 11, c.p.c. or refusing to reject the plaint under the said provisions is jurisdictional matter. the court below, therefore, committed an error of ..... jurisdiction in not rejecting the plaint under order vii, rule 11, c.p.c. and the said order could ..... b.k. rathi, j. 1. the above civil revisions were allowed by the judgment and order dated 25.7.2002 by which plaint of original suit no. 44 of 1993 and of original suit no. 45 of 1993 were quashed.2. the plaintiff-opposite party has moved an application for recall ..... 7.2002, nor there is any illegality in the order which might have resulted in injustice. accordingly, both applications for recalling the order dated 25.7.2002 are rejected. .....

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Mar 08 1963 (HC)

Smt. Pyara and ors. Vs. Shiv Shanker

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. .....

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Dec 31 1969 (HC)

Bandhan Singh Vs. Solhu and ors.

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 .....

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Feb 13 1933 (PC)

Mt. Shahzadi Begam Vs. Alakh Nath and ors.

Court : Allahabad

Reported in : AIR1933All308

..... is still pending before the court, although rule 13 prescribes that the rejection of the plaint under rule 11.shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.6. under section 41, civil p.c., the procedure provided in the code in regard to suits shall be followed as far as can be ..... made applicable in all proceedings in any court of civil jurisdiction, and as i have already remarked, the procedure prescribed for pauper suits is specifically ..... , i think, be no doubt therefore that an application for leave to appeal as a pauper may be rejected at a preliminary stage on the ground that ..... applied to the procedure for the presentation of pauper appeals. there can .....

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Feb 01 1995 (HC)

M/S. NaraIn Agricultural Corporation and Others Vs. Allahabad Bank

Court : Allahabad

Reported in : AIR1995All225

..... circumstances so permit. the first contention, therefore, has no force.20. the next contention on behalf of therevisionist is that the order rejecting the plaint has been set aside by the learned civil judge without issuing any notice to the defendant and, therefore, the order is not only bad in law but is also without jurisdiction ..... placed reliance on : air1957all825 , : air1981all15 and : air1990ori102 , in support of the contention that notwithstanding the fact that an appeal may be filed against the rejection of the plaint, an applicationunder s. 151, c.p.c. is maintainable. one of the cases on which reliance has been placed'on behalf of the revisionist is : air1980ori162 ..... . this case has been referred to in : air1990ori102 and it has been held in para 4 that the code no doubt makes a provision for appeal to a higher court against an order rejecting a plaint under order 7, rule 11, c.p.c. for non-payment of court-fee, but there is no ..... right of appeal to a higher forum does not override nor is in conflict with the inherent powers of a court saved under s. 151 of the code.18. so far as this court is concerned it was held as back as 1957 in : air1957all825 , sita ram sahu v. kedarnath sahu, para ..... provision in the code for redress in the very same court. thus the applicability of inherent powers of the court .....

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