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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1919 Page 1 of about 8 results (0.023 seconds)

Nov 26 1919 (PC)

Mundar Bibi and anr. Vs. Baij Nath Prasad

Court : Allahabad

Decided on : Nov-26-1919

Reported in : (1920)ILR42All193

..... of april, 1916, the date on which the promissory note was executed. the suit was dismissed under the provisions of order ix, rule 9, of the code of civil procedure, that is to say, the plaintiff did not appear and the defendants, who appeared, denied the claim. subsequently, the plaintiff applied to have the suit ..... reinstated, but the application was dismissed on the 28th of april, 1917, and an appeal from that order of dismissal was also rejected. subsequently he brought this ..... suit no. 78 of 1918 in the same court.2. in the first paragraph of his plaint he stated as follows: 'on baisakh badi 9th, sambat 1973, corresponding to the 26th of ..... plaintiff failed to put in an appearance. therefore it is inaccurate to say, as was said by the plaintiff in paragraph no. 4 of his plaint, that the promissory note is altogether null and void and ineffectual. it is a perfectly good promissory note and this is not one of those cases ..... defendants in the court of the munsif of allahabad in suit. no. 633 of 1916. in that suit he stated in the first paragraph of his plaint that the defendants, after borrowing rs. 575 by means of a promissory note on the 20th of april, 1916, at allahabad, promised to pay on demand .....

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Jul 30 1919 (PC)

Nur Muhammad Vs. Firm Maulvi Jamil Ahmad

Court : Allahabad

Decided on : Jul-30-1919

Reported in : AIR1919All218; 52Ind.Cas.688

..... on behalf of the respondent to the effect that no appeal lies. it the order is in reality an order returning a plaint an appeal does lie under order xliii, rule 1, of the code of civil procedure, but what we have to consider is whether there was any plaint before the court at the time when it made this order. order xxxiii provides the ..... procedure for suits by paupers. rule 2 of the order provides that 'every application for permission to sue as a pauper shall contain the ..... permission to sue as a pauper in the oases specified in that section. rule 6 provides that if the court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day of which notice shall be given to the opposite party and the government, rule ..... required in regard to plaints in suits and a schedule of any moveable and immoveable property belonging to the applicant with the estimated value thereof.' rule 4 provides that where the application is in proper form and duly presented the court may, if it thinks fit, examine the applicant or his agent.' under rule 5 the court shall reject an application for .....

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Nov 26 1919 (PC)

Mundar Bibi and anr. Vs. Baijnath Prasad

Court : Allahabad

Decided on : Nov-26-1919

Reported in : AIR1920All340; 54Ind.Cas.424

..... allahabad on the 26th of april 1916, the date on which the promissory note was executed. the suit was dismissed under the provisions of order ix, rule 9 of the civil procedure code, that is to say, the plaintiff did not appear and the defendants, who appeared, denied the claim. subsequently the plaintiff applied to have the suit reinstated, but the application was ..... dismissed on the 28th of april 1917 and an appeal from that order of dismissal was also rejected. subsequently he brought this suit no. 78 of 1918 is the same court.2. in the first paragraph of his plaint he stated as follow:-- 'on baisakh badi 9th, sambat 1973, corresponding to the 26th april 1916, the defendants borrowed at ..... inherent defect in the promissory plaintiff failed to put in an appearance. therefore, it is inaccurate to say, as was said by the plaintiff in paragraph no. 4 of his plaint, that the promissory note is altogether null and void and ineffectual. it is a perfectly good promissory note, and this is not one o those cases in which the courts ..... , the plaintiff, sued the defendants in the court of the munsif of allahabad in suit no. 633 of 1916. in that suit he stated in the first paragraph of his plaint that the defendants, after borrowing bs. 575 by means of a promissory note on the 26th of april 1916 at allahabad, promised to pay on demand. the cause of action .....

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Apr 04 1919 (PC)

Lala Kedar Nath and anr. Vs. Lala Sheo Pratap

Court : Allahabad

Decided on : Apr-04-1919

Reported in : AIR1919All349; 52Ind.Cas.411

..... application in revision under section 115 of the code of civil procedure by the defendants to a suit pending in the court of the subordinate judge of agra. the plaintiff sued to recover money alleged to be due on a contract, the defendants urged two pleas, namely, that no such contract as was stated in the plaint bad taken place between the parties and ..... wagering contract. the learned subordinate judge disallowed the prayer of defendants' pleader.2. the defendants have presented the present application in revision from the order of the learned subordinate judge rejecting the request of their pleader to add a fourth issue in the case about the character of the contract. a preliminary objection is taken on behalf of the plaintiff to .....

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Mar 12 1919 (PC)

Wasi Ahmad and ors. Vs. Maina Bibi and ors.,

Court : Allahabad

Decided on : Mar-12-1919

Reported in : (1919)ILR61All538

..... principal and interest, due on the mortgage-deed and one of the pleas in defence was that the claim was barred by order ii, rule 2, code of civil procedure. the court held that the claim was so barred. in the appeal before us no such omission was made by the plaintiffs, and order ii, rule 2 ..... , code of civil procedure, has no application. as to the case of lachman singh v. madsudan (1907) i.l.r., 29 all., 481, we think it is also inapplicable to ..... the amount found due by a certain date if they wanted to recover immediate possession." the second objection that the plaintiffs could not get possession without payment was rejected for the reason that musammat maina bibi was no more in possession in lieu of her dower and the donees from her were not the donees of her ..... , her donees, muhammad isa the mutawalli, and the husband and the two sons of musammat muhib-un-nissa. the last three were pro forma defendants. in their plaint the plaintiffs, after reciting the former litigation of 1902., stated that a considerable part of the sum of rs. 25,387-5-5 had been realized by musammat ..... that her right to succeed to the property left by muin-ud-din was set up by musammat maina in the suit of 1899. the plaintiffs alleged in their plaint that the dower of musammat maina was fatmi dower, that is, rs. 107, which had been realized by her from the income of the estate, and .....

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Mar 12 1919 (PC)

Musammat Maina Bibi and ors. Vs. Chaudhari Wasi Ahmad and ors.

Court : Allahabad

Decided on : Mar-12-1919

Reported in : AIR1919All128; 51Ind.Cas.242

..... the amount found due by a certain date if they wanted to recover immediate possession.' the second objection that the plaintiffs could not get possession without payment was rejected for the reason that musammat maina bibi was no more in possession in lieu of her dower and the donees from her were not the donees of her ..... money, principal and interest, due on the mortgagedeed and one of the pleas in defence was that the claim was barred by order ii, rule 2, civil procedure code. the court held that the claim was so barred. in the appeal before us no such omission was made by the plaintiffs and order ii, rule 2 ..... maina bibi, her donees, muhammad isa, the mutwalli, and the husband and the two sons of musammat mohibunnissa. the last three were pro forma defendants. in their plaint the plaintiffs after reciting the former litigation of 1902 stated that a considerable part of the sum of rs. 25,387-5-5 had been realised by musammat maina ..... , civil procedure code, has no application. as to the case of lachman singh v. madsudan 29 a. 481 ; 4 a.l.j. 447 : a.w.n. (1907) 137 we ..... allegation that her right to succeed to the property left by muinuddin was set up by musammat maina in the suit of 1899. the plaintiffs alleged in their plaint that the dower of musammat maina was fatmi dower, that is rs. 107 which had been realised by her from the income of the estate, and that .....

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Jan 03 1919 (PC)

Ummat-ur-rahman Vs. Zafar Husain

Court : Allahabad

Decided on : Jan-03-1919

Reported in : (1919)ILR61All278

..... not been dissolved and the marriage tie has not been severed. having regard to the authorities this contention is untenable. the proceeding known as laan or imprecation is only a procedure which either the wife or the husband could adopt before a kazi or judge. the reason for it is thus stated by ameer ali: 'under the musalman law, a charge ..... restitution of conjugal rights, and that assuming that the husband charged his wife with infidelity, the statement of the husband on oath coupled with the statements in the duly verified plaint and his whole course of conduct amounted to a retraction of the accusation; (5) that no suit for dissolution of marriage was maintainable; (6) that the appellant was prejudiced by ..... very carefully into the case. he declared the marriage to be dissolved. the husband then went in appeal to the additional district judge of farrukhabad. this judge found that the civil courts have jurisdiction to try suits of this nature. that the doctrine of 'laan' is still part of the muhammadan law which has to be administered in indian courts. i .....

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Jan 03 1919 (PC)

Zafar HusaIn Vs. Ummat-ur-rahman

Court : Allahabad

Decided on : Jan-03-1919

Reported in : AIR1919All182; 49Ind.Cas.256

..... and the marriage tie has not been severed. having regard to the authorities on the subject this contention is untenable. the proceeding known as laan or imprecation is only a procedure which either the wife or the husband could adopt before a kazi or judge. the reason for it is stated by mr. ameer ali in the following terms: 'under the ..... restitution of conjugal rights. (4) that assuming that the husband charged his wife with infidelity, the statement of the husband on oath coupled with the statements in the duly verified plaint and his whole course of conduct, amounted to a retraction of the accusation. (5) that no suit for dissolution of marriage was maintainable. (6) that the appellant was prejudiced by ..... very carefully into the case. he declared the marriage to be dissolved. the husband then went in appeal to the additional district judge of farrukhabad. this judge found that the civil courts have jurisdiction to try suits of this nature. that the doctrine of 'laan' is still part of the muham-madan law which has to be administered in indian courts .....

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