Court : Allahabad
Decided on : Apr-05-1909
Reported in : 2Ind.Cas.3
..... all the parties interested were before the court. we set aside the order of the court below and send back the case under order 41, rule '23, of the code of civil procedure with directions to re-admit the suit under its original number in the register and try it according to law. the appellants will have their costs of this appeal including ..... who claim specific plots and accordingly directed the plaintiffs to amend their plaint, and as they failed to do so, rejected the plaint. we are of opinion that the court below was in error in rejecting the plaint. the plaintiffs as we have said above applied for partition. this was a suit to establish the plaintiffs' right ..... plots of land to which they alleged they were entitled and urging that these plots should not be included in the partition. the revenue authorities referred the plaintiffs to the civil court and. thereupon the present suit was brought. the learned subordinate judge was of opinion that the plaintiffs ought to have brought separate suits against the different sets of defendants ..... 1. this is an appeal from an order rejecting a plaint on the ground of misjoinder of parties and causes of action. the plaintiffs and the defendants nos. 1 and 2 are alleged to be recorded co-sharers. the plaintiffs applied .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-30-1909
Reported in : (1909)ILR31All572
..... , if she had any objection to make to the execution of the decrees, to raise these objections under the provisions of section 244 of the code of civil procedure, and not by a separate suit.10. with all respect to the learned judges of the high court, their lordships are unable to agree with ..... actually pending in her name in the court of the district judge of meerut for a certificate of guardianship of these minors, and this application was rejected by the above mentioned order of the 13th april, 1889. the statement in the award was therefore unjustified, and the appellant is entitled to the ..... litem. the possessory mortgage in favour of mauladad khan is admittedly still in force.9. the learned subordinate judge found that the proceedings impeached in the plaint failed as against the plaintiff (appellant), because she was not properly represented in them. he held that ulfat-un-nisa, as a married woman, could ..... both cases, the purchasers. on the 26th may 1891, mauladad brought a suit to recover interest on the mortgage which he himself held, and in the plaint, the appellant is described as 'under the guardianship of her sister ulfat-un-nisa,' who, he states, is 'certificated guardian of her person,' and ' ..... appointed her guardian ad litem in these proceedings. but this argument is open to the obvious objection that the later enactment leaves section 457 of the code untouched, and that the effect of the two statutes, read together, is that a proper guardian of the person of a minor may, if .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-09-1909
Reported in : 4Ind.Cas.376
..... decree of the high court varying that of the court below did not direct the award of mesne profits. reliance is placed on the terms of section 583 of the code of civil procedure, 1882. we are unable to accede to the contention of the learned advocate. in our opinion a decree of reversal by an appellate court contains by necessary implication a ..... sale-deed as being part of khatas nos. 2 and 3. the khata no. 2 consists of 1 biswa 9 biswansis and 15 kachwansis which it is admitted in the plaint was given by zahur ahmad khan in his life-time to his three sons. the third khata no doubt comprises property left by zahur ahmad at his death and inherited ..... the three sons of zahur ahmad khan and as such is entitled to claim redemption. the nature of the so-called lease is set forth in paragraph 5 of the plaint. it is manifest that the lease has not come into force and that in reality what is called a lease is only an agreement to grant a lease which would .....Tag this Judgment!