Skip to content


Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1912 Page 1 of about 3 results (0.057 seconds)

Jul 09 1912 (PC)

Ganga Prosad Vs. Lachman Das and anr.

Court : Allahabad

Decided on : Jul-09-1912

Reported in : 16Ind.Cas.404

..... application like the present. we are not prepared to say positively that, under some circumstances, an order rejecting an application for leave to amend a plaint might not be treated as deciding a miscellaneous case between ..... the exercise of our revisional jurisdiction. there has been considerable argument before us as to whether the provisions of section 115 of the code of civil procedure apply at all to an ..... in some respects from the table given at the foot of the plaint. the plaintiff accordingly asked for permission to amend his plaint by substituting this genealogical table for, that given at the foot of the plaint. the court below has rejected this application and we are asked to set aside this order in ..... nothing to prevent the plaintiff from putting himself, or his duly authorised agent, into the witness box explaining how he came to append to his plaint a pedigree which he now believes to be incorrect, and then tendering in evidence this pedigree of 1825, and such other evidence as may be ..... he has impleaded as a defendant in the case, was the nearest reversioner to the last male owner of the estate. he appended to his plaint a genealogical table showing the descent of makundi singh and the last male owner from a common ancestor, at a later stage of the suit, .....

Tag this Judgment!

May 27 1912 (PC)

Madan Lal Vs. Kishan Singh and ors.

Court : Allahabad

Decided on : May-27-1912

Reported in : (1912)ILR34All572

..... a good discharge, and i can see no reason why they should require the presence of any other party.4. order xxxiv, rule 1, of the code of civil procedure, no doubt, requires that persons interested in the mortgage security should be parties, but i think, in a case like the present, the son is virtually ..... the plaintiff stated to the court that he was suing in his capacity as manager of the joint family and applied for amendment of the plaint, the court, in my opinion, improperly rejected this application. the defendants clearly had notice that the plaintiff was suing as manager. i have in my judgment in s.a. no ..... competent to maintain the suit.9. the original mortgagee was lala ram prasad, the plaintiff's paternal grandfather, and the plaintiff's case as disclosed in the plaint was that his grandfather, his father, his uncle and himself formed a joint hindu family and that the three former having died, he was the sole ..... son, who is joint with him.10. before the first date fixed for the case the plaintiff applied to the court to be allowed to amend his plaint by adding thereto that he was suing as manager of the joint family (consisting of himself and his son). the court below, without passing any orders on ..... to repeat what has already been said in the judgments in that case.12 .in my opinion the plaintiff ought to have been allowed to amend his plaint, and the suit as amended is maintainable. of course, it is open to the defendant to plead that he is not the manager, though in the .....

Tag this Judgment!

May 27 1912 (PC)

Madan Lal Vs. Kishen Singh and ors.

Court : Allahabad

Decided on : May-27-1912

Reported in : 15Ind.Cas.138

..... good discharge and i can see no reason why the court should require the presence of any other party.4. order xxxiv, rule 1 of the code of civil procedure, no doubt requires that persons interested in the mortgage security should be parties but i think in a case like the present the son is virtually ..... plaintiff stated to the court that he was suing in his capacity as manager of the joint family and applied for amendment of the plaint. the court, in my opinion, improperly rejected the application. the defendants clearly had notice that the plaintiff was suing as manager, i have in my judgment in hori lal v. ..... not competent to maintain the suit.9. the original mortgages was lala ram pershad, the plaintiffs' paternal grandfather, and the plaintiffs' case as disclosed in the plaint was that his grandfather, his father, his uncle and himself formed a joint hindu family and that the three former having died, he was the sole owner ..... sou who is joint with him.10. before the first date fixed for the case, the plaintiff applied to the court to be allowed to amend his plaint by adding thereto that he was suing as manager of the joint family (consisting of himself and his son). the court below, without passing any orders ..... to repeat what has already been said in the judgments in that case.12. in my opinion, the plaintiff ought to have been allowed to amend his plaint and the suit as amended is maintainable. of course, it is open to the defendants to plead that he is not the manager though, in the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //