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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1917 Page 1 of about 5 results (0.025 seconds)

Jul 30 1917 (PC)

Ashiq Ali and ors. Vs. Imtiaz Begam and ors.

Court : Allahabad

Decided on : Jul-30-1917

Reported in : AIR1917All78; (1917)ILR39All723; 42Ind.Cas.891

..... decision in one case is used as a precedent for the decision of another. in a recent decision of the privy council the general interpretation of section 115 of the code of civil procedure has been re-stated, and it is quite clear that a mere error of law or fact in the decision of a case is no ground for interfering in ..... of that order that we think we have jurisdiction under section 115 to interfere. if the court conies to the conclusion that the plaintiffs valuation is deliberately fictitious it can reject the plaint but it cannot fix a valuation in place of the plaintiff's valuation. in this case the court fixed the valuation of rs. 21,000 which the plaintiff had ..... for accounts in which the plaintiffs valuation of the suit must be taken as correct and in which if a larger sum is found due than is mentioned in the plaint, that sum may be decreed to the plaintiff on his making good the deficiency in court fees. in our opinion the plaintiff is bound to pay an ad valorem fee .....

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Jul 30 1917 (PC)

Muhammad Abdul Aziz Vs. Muhammad Abdul Jalil

Court : Allahabad

Decided on : Jul-30-1917

Reported in : AIR1918All875; 43Ind.Cas.57

..... to prepare a statement of the amounts collected by the defendant. this application was made under the provisions of order xiii, rule 10, of the code of civil procedure. that rule provides that the court may send for records on its being satisfied that the records are material to the suit in which the application ..... decrees of this court and of the courts below and remand the cases to the court of first instance under order xli, rule 23 of the code of civil procedure, through the district judge, with directions to re-admit the suits under their original numbers in the register and to try and dispose of them according ..... were dismissed. upon appeal the order of dismissal was affirmed, and second appeals to this court were dismissed under order xli, rule 11, of the code of civil procedure.2. we have examined the record in this case and have satisfied ourselves that there has been no proper trial of any of the ten suits ..... defendant being a co-sharer who had collected the profits. five of the suits were filed so far back as 1907. in those suits the plaint was rejected by the court of first instance, but upon an application for revision to the board of revenue the order of the court of first instance was ..... applied for sending for the records on the grounds, we have already stated, the court did not apply its mind to the matter alleged but summarily rejected the application. the result was that there was no proper trial of the suits and the plaintiff has been deprived of his share of the profits .....

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Mar 12 1917 (PC)

izzat Ali Vs. Muhammad Sharapat-ullah Khan

Court : Allahabad

Decided on : Mar-12-1917

Reported in : AIR1917All355(2); (1917)ILR39All516

..... that it is clear from the statement of facts given in the plaint itself that the suit is one the cognizance of which is forbidden by the provisions of ..... the order as it stands is based upon a finding that the plaint discloses no cause of action; but it is possible that the district judge may have understood himself to be acting under clause (a) of rule 11 of order vii of the code of civil procedure. his order does in fact seem to turn upon a finding ..... plaint itself that the suit in question is barred by the provisions of act xviii of 1850. we must set aside the order and decree of the court below, and, as that decree has been based on a preliminary point, we make an order of remand under the provisions of order xli, rule 23, of the code of civil procedure ..... be subjected to malicious and trumpery persecution in the form of suits for what they do in the discharge of their duty on the bench. but if the plaint does disclose a case which, if proved, constitutes a cause of action in the eyes of the law, the judge must take such evidence as is ..... xviii of 1850. it is impossible for us to uphold the order of the court below on the grounds on which it proceeds. in paragraph 11 of the plaint the cause of action is stated to be that the defendant took the plaintiff into custody, and secondly, that the defendant brought a false charge against the plaintiff .....

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Mar 27 1917 (PC)

Ram Piari Vs. Nand Lal

Court : Allahabad

Decided on : Mar-27-1917

Reported in : AIR1917All49; (1917)ILR39All636

..... a suit, no. 1 of 1899, in the court of the district judge against nathu ram for his removal from the post of trustee under section 539 of the old code of civil procedure.10. musammat ram piari applied to the court to be made a defendant to the suit, and she apparently claimed to be legally entitled to be the sarbarahkar. the ..... -in-law. neither the husband nor the accounts have been put forward, and in view of the litigation which followed the death of musammat sundar we have no hesitation in rejecting this evidence and holding that nathu ram held adversely to the present plaintiff.19. in regard to the second point, the plea that the plaintiff's right revived on the ..... , 1901, (vide paragraph 6 of her present plaint) because, as she says, she was persuaded to allow the property to remain and become the property of the idol.13. nathu ram died on the 25th of september, 1914 ..... guardian ad litem of the idol. she sought to have the transfer made by musammat sundar set aside and demanded possession of that property.11. in paragraph 6 of her plaint she stated that nathu ram had been appointed sarbarahkar and pujari of the idol and she therefore impleaded him.12. this suit she admittedly withdrew on the 23rd of december .....

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May 24 1917 (PC)

Ram Piari Vs. Nand Lal

Court : Allahabad

Decided on : May-24-1917

Reported in : 42Ind.Cas.77

..... a suit no. 1 of 1899 in the court of the district judge against nathu ram for, his removal from the post of trustee under section 539 of the old code of civil procedure.8. musammat ram piari applied to the court to be made a defendant to the suit and she apparently claimed to be legally entitled to be the sarbarahkar. the ..... in-law. neither the husband nor the accounts have been put forward and in view of the litigation which followed the death of musammat sundar, we have no hesitation in rejecting this evidence and holding that nathu ram held adversely to the present plaintiff.18. in regard to the second point, the plea that the plaintiff's right revived on the ..... paragraph 6 of her present plaint) because, as she says, she was persuaded to allow the property to remain and become the property of the idol.11. nathu ram died on 25th september 1914. the present ..... guardian ad litem of the idol. she sought to have the transfer made by musammat sundar set aside and demanded possession of that property.9. in paragraph 6 of her plaint she stated that nathu ram had been appointed sarbarahkar and pujari of the idol and she, therefore, impleaded him.10. this suit she admittedly withdrew on december 23rd, 1901, (vide .....

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