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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1914 Page 1 of about 3 results (0.040 seconds)

Feb 28 1914 (PC)

Makhan Lal and ors. Vs. Bombay, Baroda and Central India Railway Compa ...

Court : Allahabad

Decided on : Feb-28-1914

Reported in : AIR1914All524; 25Ind.Cas.77

..... j.1. this is an application in revision against an order of the judge of the small cause court at agra rejecting a certain plaint under the provisions of order vii, rule 11, of the code of civil procedure on the ground that it does not disclose any cause of action. the plaintiff is a merchant residing at agra. ..... the defendant is liable to be called upon to answer the plaintiff's demand within the meaning of order vii, rule 5, of the code of civil procedure reading the plaint as a whole it seems to me that it does allege the existence of a cause of action against the defendant company based on the ..... the case set forth in the plaint is that forty-one bags of sugar were consigned to the plaintiff's address from a ..... render the bombay, baroda and central india railway company, liable for this claim. on the pleadings as they stood, however, at the time when this plaint was rejected, 1 think that the necessary issue had fairly been raised between the parties and that it ought to have been tried out. i set aside the ..... assertion that they were bound to deliver forty-one bags of sugar to plaintiff and actually delivered only thirty-two. at any rate the plaint as, .....

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Apr 29 1914 (PC)

Ram Deo, Banaraj and ors. Vs. Baleshar and anr.

Court : Allahabad

Decided on : Apr-29-1914

Reported in : (1914)ILR36All408

..... not barred by limitation. he accordingly set aside the decree of the first court and remanded the case under order xli, rule 23, of the code of civil procedure for trial on the merits. the defendants appellants have come up in appeal to this court and contend that the claim of the plaintiffs respondents is barred ..... of the state. another debtor paid off the debt and then sued for contribution. his claim was met with a plea of limitation; but it was rejected on the ground that the admission made in the petition to the manager amounted to an acknowledgment and saved limitation. we, therefore, think that the claim ..... limitation shall be computed from the time when the acknowledgment was so signed.' it is contended on behalf of the appellants that the allegation in the plaint of 1884 that naipal singh's son was one of the mortgagors and had a right of redemption did not amount to an acknowledgment of liability on ..... seeking to redeem the entire mortgage and had made the other persons entitled to redeem pro forma defendants in the case. among the persons mentioned in the plaint as entitled to redeem was parsidh narain, son of naipal singh, who figured as defendant no. 9 in the case. the claim of ram bharos and ..... the heirs of ishri prasad singh in respect of the entire 5 anna 4 pie share mortgaged on the 25th of july, 1823. they stated in their plaint that they were transferees to the extent of 2 anna 8 pie share only. but as the mortgage sought to be redeemed was one transaction and could .....

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Apr 29 1914 (PC)

Baleshwar and anr. Vs. Ram Deo

Court : Allahabad

Decided on : Apr-29-1914

Reported in : AIR1914All481; 24Ind.Cas.104

..... of the state, and another debtor paid off the debt and sued for contribution. his claim was met with a plea of limitation. but it was rejected on the ground that the admission made in the petition to the manager amounted to an acknowledgment and saved limitation. we, therefore, think that the claim ..... the claim was not barred by limitation. he accordingly set aside the decree of the first court and remanded the case under order xli, rule 23, civil procedure code, for trial on the merits. the defendants-appellants have come up in appeal to this court and contend that the claim of the plaintiffs-respondents is barred ..... limitation shall be computed from the time when the acknowledgment was so signed.' it is contended on behalf of the appellants that the allegation in the plaint of 1884 that nepal singh's son was one of the mortgagors and had a right of redemption did not amount to an acknowledgment of liability on ..... to redeem the entire mortgage and had made the other persons entitled to redeem as pro forma defendants in the case. among the persons mentioned in the plaint as entitled to redeem was parsidh narain, son of nepal singh, who figured as defendant no. 9 in the case. the claim of ram bharos and ..... the heirs of ishri prasad singh in respect of the entire 5-annas 4-pies share mortgaged on july the 25th, 1823. they stated in their plaint that they were transferees to the extent of 2-annas 8-pies share only. but as the mortgage sought to be redeemed was one transaction and could .....

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