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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1907 Page 1 of about 6 results (0.023 seconds)

Feb 18 1907 (PC)

Raghubans Puri Vs. Jyotis Swarupa and anr.

Court : Allahabad

Decided on : Feb-18-1907

Reported in : (1907)ILR29All325

..... suit to proceed on the other issues, and he adds as follows: 'the plaint so far as it claims this alternative relief in the general terms of paragraph 11(d) will be held to be rejected under section 54, code of civil procedure.' both courts below found that the land which was demised to mr. frederic wilson ..... of appeal, one being that the court below was not justified under the provisions of section 54 in rejecting portion of the claim of the plaintiff's. that section only provides for the rejection of a plaint in the event of any of the matters specified in that section not being complied with. it does ..... in the lease. in consequence of this the learned subordinate judge passed an order on the 18th of september 1903 directing the plaintiff to amend his plaint by giving the boundaries of the land in excess of the 12 kachha bighas, which the plaintiff alleged was all that had been demised to frederic ..... not justify the rejection of any particular portion of a plaint, as was the case here. the court ought to have tried ..... the issues which were framed, and if the plaintiff failed in his proofs to establish his claim then reject the claim. we think the plaintiff should have .....

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Aug 13 1907 (PC)

Akbar HusaIn Vs. Hari Ram

Court : Allahabad

Decided on : Aug-13-1907

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 applicable to such an investigation by clause (iii) of that section, which has since been repealed by the general repealing act of 1891, as section 392 of the present code of civil procedure (act xiv of 1882) distinctly provides for the issue of a commission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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Apr 16 1907 (PC)

Husaini Khanam and anr. Vs. HusaIn Khan and ors.

Court : Allahabad

Decided on : Apr-16-1907

Reported in : (1907)ILR29All471

..... the court below, we cannot finally deal with his appeal, but must remand issues to that court under the provisions of section 566 of the code of civil procedure. the mortgagees have put it out of their power to deliver over possession of the five villages to the mortgagors on redemption, these villages are ..... to cases of misjoinder either of parties or of the matters in contest in the suit; to cases in which a material document has been rejected, because it has not borne the proper stamp, and to cases in which there has been an erroneous valuation of the subject of the suit ..... defendants raised the preliminary objection that the plaint should have been rejected owing to the fact that the deficiency in the court fee had not been ..... applied for three weeks' time to make good the deficiency, but this application was rejected on the 23rd of january, and on the 25th of january 1899 an order was passed by the subordinate judge directing the plaint to be registered, subject to any objection the defendants might raise. the principal ..... made good by the plaintiffs within the period fixed by the court, and also on the ground that as there was no sufficiently stamped plaint presented to the court .....

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Apr 12 1907 (PC)

J.G. Willis and ors. Vs. Jawad HusaIn and ors.

Court : Allahabad

Decided on : Apr-12-1907

Reported in : (1907)ILR29All468

..... application for review of judgment on the ground of court fee. it is said, however, that section 629 of the code of civil procedure expressly enacts that an order rejecting an application for review is final, and in support the learned counsel for the opposite side has cited the case of ram lal v. ratan ..... no decision on the merits. on reference to section 623 of the code of civil procedure it will be seen what are the proper and only grounds on which an application can be made for review of judgment. section 626 provides that the court may reject the application if it considers that there are no sufficient grounds for ..... the learned judges were of opinion that none of the facts in that case fell within any of the three contingencies specified in section 622 of the code of civil procedure. the present case differs in two important respects. in the first place this is an application for revision of a decision of a small cause court, ..... 90 days and where there has been no appeal, the proper fee payable by the applicants is one half of the fee leviable on the plaint. the fee on the plaint in the present case which was to recover a sum between rs. 60 and rs. 65 was a sum of rs. 4-14. it ..... review of judgment, decided that the applicants should have paid a court fee to cover a sum equivalent to the amount claimed by the plaintiffs in their plaint plus the amount claimed by the defendants as set-off, no time was given to the applicants to pay this additional court fee. the application for .....

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Jan 31 1907 (PC)

Sheo Dihal Sahu Vs. Bhawani

Court : Allahabad

Decided on : Jan-31-1907

Reported in : (1907)ILR29All348

..... the lower courts and remand the suit to the court of first instance through the learned district judge under section 562 of the code of civil procedure, with directions that the plaint be treated as an application under sections 244 and 583 and be disposed of on the merits. costs here and hitherto will abide ..... defendant's objection that the claim was barred by sections 244 and 583 of the code of civil procedure, asked the court, in the event of it holding that these sections were fatal to the suit, to treat the plaint as an application under them for restitution of the property. the court of first instance ..... however, that in the present instance at all events the courts below ought to have acceded to the request of the plaintiff appellant and treated the plaint as an application under the sections to which we have referred. the reason assigned by the learned district judge for his refusal to entertain this application ..... not bar the institution of a regular suit, and that in any case if these sections are applicable, the judge ought to have treated the plaint as an application under them. we are disposed to think that the sections in question do forbid a suit such as the present one. by ..... referred. on appeal the lower appellate court upheld the decision of the court of first instance and stated as regards the application to have the plaint treated as an application under section 244 and section 583 that 'the court might have so admitted it had the appellant allowed that no regular .....

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Jun 17 1907 (PC)

Amolak Vs. Abdul Majid and

Court : Allahabad

Decided on : Jun-17-1907

Reported in : (1907)ILR29All618

..... found to be deficient, but the deficiency was made good within the time fixed. in our opinion the case falls within the purview of section 582(a) of the code of civil procedure and we repel the preliminary objection.2. the plaintiff respondent came into court on the allegation that the defendant no. 2 had sold to the other defendant his zamindari property ..... the best indication of what the price was. the defendant vendee comes here in second appeal.4. it is contended on his behalf that the court below was wrong in rejecting the evidence contained in the deed and in the admission before the registering officer, without rebutting evidence that any portion of the alleged sale price had not in fact been ..... money in the sale-deed, but that as a matter of fact the sale transaction was effected for rs. 1,200, which the plaint stated to be the market value of the property. the plaintiff in his plaint stated that he was willing to pay the vendee rs. 1,200 or any amount which the court might adjudge to be the proper .....

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