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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1918 Page 1 of about 9 results (0.027 seconds)

Jun 05 1918 (PC)

Naim-ul-haq Vs. Muhammad Subhan-ullah

Court : Allahabad

Decided on : Jun-05-1918

Reported in : (1919)ILR61All1

..... one which a person claiming an interest in the alleged trust could only maintain under the provisions of section 92 of the code of civil procedure, so that the plaint ought to have been rejected as it stood, on the ground that it contravenes the provisions of that section and was filed without the consent of the ..... same, and to be entitled to maintain the suit independently of the provisions of section 92 of the code of civil procedure. the reliefs sought are a declaration that the property specified at the foot of the plaint is 'the waqf property,' the removal of the defendant from the post of mutawilli, or managing trustee ..... purposes is after all such a mere pretence that trusts or endowments of this nature are not subject to the provisions of section 92 of the code of civil procedure.19. having said this much, i think it fair to add, with reference to the facts of this particular case, that i am far ..... by the present appellant.18. there remains only the contention raised by the respondent as to the bearing on this suit of section 92 of the code of civil procedure, and this it is not necessary for me to determine now in order to dispose of the appeal. i desire, however to say a ..... the fact that there has been a substantial change in the law since the passing of the present code of civil procedure. act no. v of 1908. under the corresponding section 539 of the former code there was a certain conflict of authority on the question whether the section had any restrictive effect in .....

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Jan 18 1918 (PC)

Gokul Vs. Mohri Bibi

Court : Allahabad

Decided on : Jan-18-1918

Reported in : AIR1918All72; (1918)ILR40All325; 44Ind.Cas.1005

..... v. rattan (1904) punj rec., p. 318. according to these cases, an objection made under section 278 of the old code of civil procedure, corresponding to order xxi, rule 53, of the present code, if dismissed without investigation, would take the case of the objector out of the operation of one year's rule of limitation. ..... that the widows of kauleshar and chandu had obstructed him in his duties. the purchaser having taken no steps, his application for delivery of possession was rejected on the 5th of july, 1902. on the 19th of july, 1903, he again applied for delivery of possession and succeeded in getting it on ..... on the record to make us come to a different conclusion and hold that the objection related only to the share of kauleshar. in the plaint itself the plaintiff does not mention the fact of having made an objection in 1901 and there does not seem to be any replication or any ..... that said the laud was not liable to attachment and sale in execution of the decree of basant lal against jageshar gokul further stated in his plaint that his father kauleshar and his two uncles, jageshar and chandu, had separated long prior to the decree of basant and had divided the holding ..... follows:2. there were three brothers, kauleshar, chandu and jageshar, who owned a fixed-rate holding of seven bighas and five biswas. according to the plaint the three brothers separated and the holding was privately divided amongst them. on the 9th of january, 1900, the name of jageshar was entered in respect .....

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Dec 13 1918 (PC)

Chhidda Singh and anr. Vs. Abdul Majid Khan and anr.

Court : Allahabad

Decided on : Dec-13-1918

Reported in : 49Ind.Cas.721

..... give them. both the courts below have found fault with the drafting of the plaint and the form in which the plaintiffs' claim is preferred; but they have dismissed the suit in substance, upon a finding that it is barred by section 144 (2) of the code of civil procedure. two of the plaintiffs have brought the matter before this court in second appeal ..... been wrongfully deprived of their grazing rights by the act of the zemindar in putting the land under cultivation. but such a claim would have to be made in a civil court, in answer to which it might be said that the present plaintiffs who are few in number have suffered no damage because the balance of grazing which has been ..... the suit on that ground alone is that the revenue courts have already decided in a judgment binding upon the parties that the matter in dispute was one for the civil courts. under the circumstances of this particular case the relief claimed is in substance restitution. it appears from the judgment of the commissioner upon the application for restitution in the ..... possession. the decision on this application was much delayed by the institution on the part of the land-holders of a very ill-advised suit for a declaration in the civil court, which suit was contested up to this court in second appeal and was dismissed. finally the assistant collector decided that in view of various facts stated in his order .....

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Jun 29 1918 (PC)

Bihari Lal Vs. Baldeo NaraIn and ors.

Court : Allahabad

Decided on : Jun-29-1918

Reported in : AIR1918All422; (1918)ILR40All674

..... the court and the sale set aside unless the application was not in order. the court of first instance rejected the application in these terms:--'this application under rule 89, order xxi, of the code of civil procedure has been presented by the applicant, who is a minor and it is not presented by a next friend ..... the application is against the provisions of rule 5 (1), order xxxii, of the code of civil procedure and is also vague. no order can legally be passed on it without the minor being represented by a next friend. i therefore reject this application with costs.' that is the order really in question here. the lower appellate ..... if that appointment was a good appointment then it seems to me that it was still in force under order iii, rule 4, of the code of civil procedure. but it is argued that the vakalatnama executed by gaya prasad was not valid for two reasons. one was that the clerk of the vakil or ..... revision, and the privy council upheld its decision. it seems to me what the privy council ease decided was that the section (115 of the code of civil: procedure) is not directed against conclusions of law or fact in which the question of jurisdiction is not involved. (i think the words which i have ..... time ago and i remember perfectly well that we did go into the merits and were satisfied that the order of the courts below in returning the plaint, was a proper order and one which the courts had jurisdiction to pass and should have passed. that case, therefore, in my opinion is not .....

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Jan 09 1918 (PC)

Muhammad Ishaq Khan and ors. Vs. Muhammad Rustam Ali Khan and anr.

Court : Allahabad

Decided on : Jan-09-1918

Reported in : AIR1918All412; (1918)ILR40All292

..... . the learned judge in the court below has referred to the report of the select committee on the provisions of the contemplated amendment of the code of civil procedure. if it were permissible to consider the report at all, the inference would seem to be rather against the respondents than in their favour.' ..... date and the delivery of possession. the authority to make this inquiry was conferred on the court executing the decree by section 244 of the code of civil procedure of 1882, to which we shall presently refer. it would seem, therefore, that the only substantial change that has been made in the law ..... to these mesne profits. we think that we are bound to fallow this decision, unless it is shown that the legislature, when enacting the present code of civil procedure, altered the law. it is a recognized rule that where there have been decided cases before an act is amended, if the amendment does ..... whose favour the decree was made.'3. it is to be noted that in this section there is no reference to a claim in the plaint being made for mesne profits. section 212 provided that where the suit was a suit for 'possession of immovable property and for mesne profits which ..... suit between the same parties . . . in a court competent to try such subsequent suit.' explanation v provides that 'any relief claimed in the plaint which is not expressly granted by the decree shall for the purposes of this section be deemed to have been refused.' this explanation corresponds exactly with explanation .....

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Jan 09 1918 (PC)

Mohammed Ishaq Khan and ors. Vs. Mohammed Rustum Ali Khan and ors.

Court : Allahabad

Decided on : Jan-09-1918

Reported in : 44Ind.Cas.88

..... . the learned judge in the court below has referred to the report of the select committee on the provisions of the contemplated amendment of the code of civil procedure. if it were permissible to consider the report at all, the inference would seem to be rather against the respondents than in their favour. ..... date and the delivery of possession. the authority to make this enquiry was conferred on the court executing the decree by section 244 of the code of civil procedure of 1882, to which we shall presently refer. it would seem, therefore, that the only substantial change that has been made in the law ..... to these mesne profits. we think that we are bound to follow this decision, unless it is shown that the legislature when enacting the present code of civil procedure altered the law. it is a recognised rule that where there have been decided cases before an act is amended, if the amendment does not ..... in whose favour the decree is made'.5. it is to be noted that in this section there is no reference to the claim in the plaint being made for mesne profits. section 212 provided that whether the suit was a suit for ' possession of immoveable property and for mesne profits which ..... in a former suit between the same parties...in a court competent to try such subsequent suit.' explanation v provides that 'any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.' this explanation corresponds exactly .....

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May 06 1918 (PC)

Bisheshar Das and anr. Vs. Jhunku Lal

Court : Allahabad

Decided on : May-06-1918

Reported in : (1918)ILR40All612

..... fresh suit after it had been heard on the merits. i would reject the application.banerji, j.3. i also am of opinion that the application should be rejected, but i would confine myself to this ground in rejecting it that it is not maintainable under section 115 of the code of civil procedure. it cannot be said that the court below exercised a jurisdiction which ..... . in the very recent case of balakrishna udayar v. vasudeva ayyar (1) (1917) i. l. r., 40 mad., 793 (799). their lordships dealing with section 115 of the present code of civil procedure say as follows:it will be observed that the section applies to jurisdiction alone, the irregular exercise, or non-exercise of it, or the illegal assumption of it. the section ..... the fact that they had failed to give formal proof of a certain plaint which was apparently considered by the parties to be essential to the plaintiffs' success. the court granted leave to bring a fresh suit. the present application is made under section 115 of the code of civil procedure. that section provides that h the high court may call for the record ..... also in the recent case to which the learned chief justice has referre 1. this being so, the application for revision cannot in my opinion be entertained and must be rejected.4. the order of the court is that the application is .....

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May 06 1918 (PC)

Jhunku Lal Vs. Bisheshar Das and anr.

Court : Allahabad

Decided on : May-06-1918

Reported in : AIR1918All418; 46Ind.Cas.71

..... application.p.c. banerji, j.4. i also am of opinion that the application should be rejected, but i would confine myself to this ground in rejecting it that it is not maintainable under section 115 of the code of civil procedure. it cannot be said that the court below exercised a jurisdiction which was not vested in it by law. in the exercise of ..... bom. l.r. 715 : (1917) m.w.n. 628 : 6 l.w. 22 c.w.n. 50 (p.c.).1; their lordships dealing with section 115 of the present code of civil procedure say as follows: 'it will be observed that the section applies to jurisdiction alone, the irregular exercise, or nonexercise of it, or the illegal assumption of it. the section is ..... the fact that he had failed to give formal proof of a certain plaint which was apparently considered by the parties to be essential to the plaintiff's success. the court granted leave to bring a fresh suit. the present application is made under section 115 of the code of civil procedure. that section provides that 'the high court may call for the record ..... , and also in the recent case to which the learned chief justice has referred. this being so, the application for revision cannot, in my opinion, be entertained and must be rejected.5. the order of the court is that the application is .....

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Apr 06 1918 (PC)

Musammat Fatima Bibi and ors. Vs. Ram NaraIn Sahu and ors.

Court : Allahabad

Decided on : Apr-06-1918

Reported in : AIR1919All420; 51Ind.Cas.646

..... other executants. we, therefore, lack in this case the sort of direct safeguard of the interests of a pardanashin lady which is ordinarily provided by the procedure laid down in the registration act. if the plaintiffs in fact suffer any appreciable loss by reason of this defect in the nature of the security ..... authorisation given verbally at the time of execution, after the deed had been read over and explained to the ladies, is quite unreliable. it has been rejected by the court which heard it and i certainly do not feel prepared to reverse the finding at which the trial court has arrived on this point. ..... of this particular mahal in village gowaipur. eight annas were mortgaged to the plaintiffs by the deed in suit. the remaining 8 annas, according to the plaint itself, had since been mortgaged to certain other persons who were impleaded as defendants nos. 24 to 27 and 28. with regard to these defendants the ..... mortgaged one-half of his share in the entire mahal of 16 annas; and this was the contention which the plaintiffs themselves in paragraph 4 of their plaint asked the court to accept. it follows, therefore, that, whatever additional shares the male executants of the mortgage deed may have possessed in the other half ..... be not for the sale of an 8 anna share but for the sale of 3/oths out of the share of 8-annas claimed in the plaint; otherwise the appeal fails. the appellants will pay and receive costs in this court, including fees on the higher scale, in proportion to failure and .....

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