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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1910 Page 1 of about 5 results (0.033 seconds)

Feb 08 1910 (PC)

Maulvi Mohammad Abdul Aziz Vs. Maulvi Mohammad Abdul Jalil and ors.

Court : Allahabad

Decided on : Feb-08-1910

Reported in : 5Ind.Cas.371

..... code of civil procedure on which reliance is placed, relates only to decisions of a civil court and not to decisions of a revenue court.4. these remarks, no matter what my own personal views on the subject may be, are binding on me, and i, therefore, hold that the order passed by the assistant collector of the 1st class, rejecting the plaint ..... 177 of the agra tenancy act, the meaning given to it in section 2 of the code of civil procedure, would be to do violence to the express and clear language of the agra tenancy act. that act, by sections 176 and 177, ..... am wholly unable to accept this reasoning. in the first place section 193 of the agra tenancy act expressly provides that the provisions of the code of civil procedure shall only apply so far as they are not inconsistent with that act. to attach to the expression 'decree' as used in section ..... 1st class, in regular suits. the only reasoning, which may render the orders of assistant colloctors of the 1st class rejecting plaints under section 54(d) of the code of 1882 appealable, is the reasoning parallel to the one adopted by the two learned judges of this court in kharag singh ..... under section 54 clause (d) of the civil procedure code .....

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Jan 08 1910 (PC)

Sri Maharaja Prabhu NaraIn Singh Vs. Sarju Misr and ors.

Court : Allahabad

Decided on : Jan-08-1910

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 .....

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Jun 07 1910 (PC)

Shamsheryar Khan and anr. Vs. Babu Gopal Chand and anr.

Court : Allahabad

Decided on : Jun-07-1910

Reported in : 7Ind.Cas.11

..... nasariha v. mangamma 14 m.l.j. 340. 25. the principle set forth in the rulings already cited is embodied in section 158 of the new code of civil procedure (act v of 1908), in this view of this case it is unnecessary to consider the authorities relied on by either side.26. the result is ..... lat. 178 : 6 ir. eq. r. 569, quoted in chelcmbar v. krishnappa 26 b. 545 at p. 547.19. the law, however, under the new code of civil procedure is that an application in execution may be treated as a suit. section 47(2) is as follows:'the court may, subject to any objection as to limitation or ..... appellate court with the direction that the application of objections, filed by the appellant on the 22nd december 1903, be treated as a plaint subject to the conditions set forth in section 47(2), of the code of civil procedure. we make no order as to the costs of this appeal. ..... begum v. wahulnissa begum 18 b. 429 at p. 432, it is observed: 'the case would be governed by the general principle that alterations in forms of procedure are retrospective in effect and apply to pending proceedings; sha jasraj himraj v. chandasama wakaht sarey 2 p.j. (1896) 294.' see also ganga ram v. ..... found due to her by the appellate court, the condition in the decree (of 1888) vanishes. the objection is, therefore, rejected with costs.'6. jwahir bibi raised objections in execution proceedings which were rejected. she then brought a suit and the learned subordinate judge gave her a decree on the 25th september 1905. the operative .....

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Apr 08 1910 (PC)

Pandit Channu Dat Vyas Vs. Babu Nandan

Court : Allahabad

Decided on : Apr-08-1910

Reported in : 6Ind.Cas.223

..... of this question which commended itself to them. the plaintiff in our judgment holds no office whatever such as is contemplated by section 9 of the code of civil procedure. he is not entitled to any emoluments in connection with the lila, and the pageants are not in connection with any shrine, or temple, ..... festival in a temple at srirangam. in that case the courts found that the plaintiffs had established their claim to the hereditary office mentioned in the plaint. in delivering judgment, collins, c.j., and parker j., described the ordinary test as to whether a suit of the kind was cognizable or ..... , or using any subscription, or offering at the ramlila and from interfering in its management except under the order arid with the consent of the plaint-tiff, but declaring that the defendant should remain the vyas of the lila receiving the perquisites he had hitherto been receiving as such.5. from ..... office and had collected voluntary contributions in the character of the holders of such office. it was held that the suit was not cognizable by a civil court. this case is unlike the case of srinivasa v. tiruvengada 11 m. 450, in which the plaintiffs claimed an hereditary right to distribute ..... successive decisions of this arid the presidency courts observe the distinction referred to, ruling that for the former description of cases, a suit in a civil court will not lie, while for the latter it will:' then the learned j0udge remarked: 'the offerings made to a family priest by his employees .....

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Jul 14 1910 (PC)

Sheikh Muhammad Yakub Vs. Mangru Rai and ors.

Court : Allahabad

Decided on : Jul-14-1910

Reported in : 7Ind.Cas.318

..... was not open to him to institute the present suit.2. it appears that proceedings were taken by the district magistrate against certain muhammadans under section 107 of the code of criminal procedure in connection with the intended sacrifice of a cow on the bakr-id and that six men were committed to jail in connection with this transaction. the plaintiff and ..... to other persuasions and avoid anything calculated to irritate the religious susceptibilities of any class of the community'.6. we dismiss the appeal but without costs in view of the rejection of the plaintiff's suit by the learned district judge on the ground not merely that there was no cause of action proved but also that it was barred by ..... in this appeal. the learned counsel for the defendants respondents has not contested his right. the case which he set up is that the lower appellate court was right in rejecting the plaintiff's claim on the ground that at the date of the institution of the suit, no cause of action existed against his client as there had been no ..... for declaration of abstract right cannot sue until there is some infringement or threatened infringement of his right. he must allege and prove a denial of his right before his plaint is filed; the cause of action must be antecedent to the suit, and not subsequent. section 42 of the specific relief act enables a person who is entitled to any .....

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