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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1921 Page 1 of about 13 results (0.031 seconds)

May 02 1921 (PC)

Gajadhar Prasad Vs. Nawab Muhammad Abdul Majid and

Court : Allahabad

Decided on : May-02-1921

Reported in : AIR1921All327; 63Ind.Cas.425

..... code of civil procedure, requires a party pleading fraud to state all necessary particulars of the fraud alleged. general allegations are insufficient to amount to an averment of fraud of which any court ought to take notice, and where a plaintiff seeks relief on the ground of fraud, and particulars of the fraud alleged are not set forth in the plaint, the plaint should be rejected ..... suit, any more the n by application, obtain a refund in proportion to the extent to which the judgment-debtor had no interest.' this decision was under the old code of civil procedure (act xiv of 1882), which recognised the right of an auction-purchaser to bring a regular suit to set aside a sale in cases where the judgment-debtor had no ..... certain immoveable property of their judgment-debtors. the property being ancestral, the proceedings in execution were transferred to the collector in accordance with the provisions of section 68 of the code of civil procedure. in such cases the procedure of the collector is regulated by rules made by the local government in exercise of the power conferred by section 70 of the ..... saleable interest in the property. hence the reference to sections 313 and 315 of the former code. that right of snit has now been taken away by the present code, as held .....

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Dec 14 1921 (PC)

Mahadeo Sahai Vs. the Secretary of State for India in Council and ors.

Court : Allahabad

Decided on : Dec-14-1921

Reported in : AIR1922All1; (1922)ILR44All248

..... coming to that conclusion, is to say that the application as it stands, supported by the statement of particulars (vide order xxxiii, rule 2 of the code of civil procedure) which actually accompanied it, should be rejected on the ground that it discloses no cause of action against the principal defendant. the question whether an application, supported by a somewhat different set of particulars ..... of the court, at the particular stage then reached, as limited by rule 5 of order xxxiii of the code of civil procedure. nevertheless the order before us does in my opinion give adequate reasons, proceeding upon materials then properly before the court for rejecting this application. in substance the court below has held that the petition accompanying the application discloses no cause of ..... have been accepted by the court below, is a matter which that court was not called upon to decide and has not decided. this application was in my opinion rightly rejected for the reasons already given. i would, therefore, dismiss this application with costs.walsh, j.2. i agree on the merits and i merely wish to add that in my ..... , in that no suit was ever instituted in the court below, as the suit would only have commenced if the application had been accepted and the petition registered as a plaint. moreover, the effect of the order brought before us in revision was to dispose, for the time being, of the entire matter pending in that court. however, reserving this point .....

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Dec 14 1921 (PC)

Rai Mahadeo Sahai Vs. the Secretary of State for India in Council and ...

Court : Allahabad

Decided on : Dec-14-1921

Reported in : 65Ind.Cas.255

..... , after coming to that conclusion, is to say that the application as it stands, supported by the statement of particulars (vide order xxxiii rule 2 of the civil procedure code) which actually accompanied it, should be rejected on the ground that it discloses no cause of action against the principal defendant. the question whether an application, supported by a somewhat different set of particulars ..... have been accepted by the court below, is ft matter which that court was not called upon to decide and has not decided. this application was, in my opinion, rightly rejected for the reasons already given. i would, therefore, dismiss this application with costs, including fees on the higher scale.walsh, j.2. i agree on the merits and i merely ..... jurisdiction of the court at the particular stage then reached, as limited by rule 5 of order xxxiii of the civil procedure code. nevertheless the order before us does, in my opinion, give adequate reason, proceeding upon materials then properly before the court, for rejecting this application. in substance the court below has held that the petition accompanying the application discloses no cause of ..... , in that no suit was ever instituted in the court below, as the suit would only have commenced if the application had been accepted and the petition registered as a plaint. moreover, the effect of the order brought before us in revision was to dispose, for the time being, of the entire matter pending in that court. however, reserving this point .....

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Jun 14 1921 (PC)

Lala Baijnath Das Vs. Bishen Devi and ors.

Court : Allahabad

Decided on : Jun-14-1921

Reported in : 63Ind.Cas.676

..... here, as it does not assist us in the case. the true test of whether a case falls within the purview of section 66 of the code of civil procedure has been laid down mote than once, e.g., in the case of bodh singh doodhooria v. ganesh chunder sen 12 b.l.r. 317, ..... is the interest which is contemplated in the above remarks. that interest is a proprietary interest. musammat bishen devi, if the facts stated in the plaint are correct, acquired no title or proprietary interest whatsoever in the property and the present suit is not a suit brought by the plaintiff claiming to ..... the plaintiff and the defendant together and that both parties are entitled to share therein it is pointed out that musammat bishen devi, according to the plaint itself, has not and never had any interest whatsoever in this property. we find it very difficult indeed to hold that though musammat bishen devi had ..... in the certificate. the real purchaser, therefore, actually did consent, he was the head of the family and he made the purchase, according to the plaint, out of joint family funds. we would point out that though he died in 1911, the wife's name has continued from the date of the ..... defendant-respondent, musammat bishen devi, is his own mother and lala jagannath das, the other defendant respondent, is his own brother. according to the allegations in the plaint the father, lala narain das, and the two sons constituted a joint hindu family and their mother, the defendant no. 1, lived jointly with lala narain .....

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Apr 11 1921 (PC)

Mewa Ram Vs. Buddhu Lal and anr.

Court : Allahabad

Decided on : Apr-11-1921

Reported in : (1921)ILR43All564

..... between the parties, namely, whether the defendants whose objection to the jurisdiction of the learned munsif has been rejected can invoke the aid of this court under section 115 of the code of civil procedure.2. the other matter upon which the parties are at variance, namely, whether the decision of the munsif ..... not have been a decree dismissing the suit, but an order that the plaint 'be returned to be presented to the court in which the suit should, have been instituted'; vide order vii, rule 10, of the code of civil procedure. from such an order an appeal lies under order xliii, rule 1(a ..... the issue. the defendants preferred an application in revision from the said order, seeking the interference of this court under section 115 of the code of civil procedure. the application came up for hearing before a bench of two learned judges of this court, before whom a preliminary objection was taken on ..... general terms. suppose, for instance, that the pleadings in a suit raise the question whether or not the claim, on the facts stated in the plaint itself, is barred by limitation. a finding that it is so barred would obviously decide the entire case; it would result in a decree dismissing ..... .8. the words 'case' and 'suit' are both used in various parts of the code of civil procedure and neither of them is defined. we know that a 'suit' commences with the presentation of 'plaint' (see section 26 of the code) and terminates in a 'decree,' according to the definition in section 2, clause (2 .....

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Jan 26 1921 (PC)

Buddhoo Lal and anr. Vs. Mewa Ram

Court : Allahabad

Decided on : Jan-26-1921

Reported in : AIR1921All1; 63Ind.Cas.15

..... .6. the words 'case' and 'suit' are both used in various parts of the code of civil procedure and neither of them is defined. we know that a 'suit' commences with the presentation of a 'plaint' (see section 26 of the code) and terminates in a 'decree,' according to the definition in section 2, clause (2 ..... evidence to enable it to pronounce judgment upon it. the position, therefore, was not precisely that contemplated by order xiv, rule 2 of the code of civil procedure; but representations must have been made to the court that it would be convenient to the parties if this issue were tried out first, ..... in the suit, that the present application is not maintainable because, first, no case has been decided within the meaning of section 115 of the code of civil procedure and, secondly, another remedy is open to the applicant, namely, in case of & decree against him he can at the time of appeal ..... the issue. the defendants preferred an application in revision from the raid order, seeking the interference of this court under section 115 of the code of civil procedure. the application same up for hearing before a bench of two learned judges of this court, before whom a preliminary objection was taken on ..... the rejection of an application to sue in forma pauper is could be revised by this court. daring the conuse of the arguments the meaning of the word 'case' was also agitated, mr. justice mahmood defined the word thus. the word case as used in section 622 of the code of civil procedure, is .....

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Aug 09 1921 (PC)

Kanhaiya Lal Vs. Phul Chand and anr.

Court : Allahabad

Decided on : Aug-09-1921

Reported in : (1922)ILR44All130

..... removed. if in these applications the issue now before the court has been heard and finally decided, then on the analogy of section 11 of the code of civil procedure the decree-holder would be barred from re-opening the issue. explanation iii to section 11 reads as follows: 'the matter above referred to must ..... three witnesses who acted some time or another as mukhtarams for mangli prasad. still, on the other hand, he assigns that as a reason for rejecting the evidence of a person who was acting in a similar capacity for the other side at the time of the hearing. the case for the appellants ..... . dube, but in my opinion it does not carry his case any farther. the documentary evidence produced on behalf of his clients consisted of the plaint and written statement in a suit brought by the firm baijnath juggi lal against the firm bhairon prasad mahadeo through mata din. in paragraph 3 of ..... property the reason for his decision appears to be that the objectors were, not parties to the decree, that their names were not disclosed in the plaint as partners, and that it had not been proved that the attached property belonged to the firm, it seems that the learned judge did not have ..... objectors were not parties to the decree. mangli prasad appeared for the firm. these objectors are brothers of mangli prasad. they were never disclosed in the plaint as partners. the property attached has not been proved to be the property of the firm. under the circumstances, attached property must be the property of .....

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Aug 09 1921 (PC)

Phulchand and ors. Vs. Kandhya Lal

Court : Allahabad

Decided on : Aug-09-1921

Reported in : AIR1922All247; 65Ind.Cas.295

..... removed. if in these applications the issue now before the court has been heard and finally decided, then on the analogy of section 11 of the code of civil procedure the decree-holder would be barred from re opening the issue. explanation iii to section 11 reads as follows: 'the matter above referred to must in ..... witnesses who acted no me time or another as mukhtar am for mangli prasad. still on the other hand he assigns that as a reason for rejecting the evidence of a person who was acting in a similar capacity for the other side at the time of the hearing. the case for the ..... . dube, but, in my opinion, it does not carry his case any further. the documentary evidence produced on behalf of his clients consisted of the plaint and written statement in a suit brought by the firm baijnath juggi lal against the firm bhairon prasad mahadeo through mata din. in paragraph 3 of the ..... property. the reason for his decision appears to be that the objectors were not parties to the decree, that their names were not disclosed in the plaint as partners and that it had not been proved that the attached property belonged to the firm. it seems that the learned judge did not have before ..... objectors were not parties to the decree, mangli prasad appeared for the firm. these objectors are brothers of mangli prasad. they were never disclosed in the plaint as partners. the property attached has not been proved to be the property of the firm. under the circumstances attached property must be the property of the .....

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Nov 17 1921 (PC)

Lala Jangpal Singh and anr. Vs. Raja Kushalpal Singh and ors.

Court : Allahabad

Decided on : Nov-17-1921

Reported in : 70Ind.Cas.942

..... to move this court to take judicial action. what this really means requires to be considered with reference to the terms of section 24 of the code of civil procedure. this court had refused to make of its own motion the order of transfer which the plaintiffs desired. it was, no doubt, still open to ..... 6. on the question whether it ought to have been allowed i do not wish to add much to what has been already said. under the code of civil procedure the point for determination is, whether the plaintiffs had sufficient cause for non-appearance on the 6th of june, or, in the alternative, on ..... plaintiffs, put in an application for permission to withdraw from the suit with leave to bring a fresh suit. this the court, after some argument, rejected on the ground that the pleader representing it had no authority to make such an application. the same pleader then asked for a further adjournment and this ..... an undefended divorce case, which i have to try in this. court. to quote from the notes contained in the well-known text book on the civil procedure code by woodtoffe and ameer ali under this particular rule i think this was a case of plaintiff who, 'having provided the court with materials had failed ..... this appeal fails.2. one point which has weighed with me considerably throughout the hearing has been the efforts of the plaintiffs to amend their original, plaint. i think that was largely the fons et origo of the whole trouble which subsequently ensued and it is a pity that the learned judge did .....

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May 04 1921 (PC)

Babar Shah Alias Ali Bahadur Shah Vs. Muhammad Rafiq and ors.

Court : Allahabad

Decided on : May-04-1921

Reported in : 62Ind.Cas.35

..... safa. that the defendants were wrongfully interfering with the plaintiff's possession as mutwalli and that the property had been attached under section 145 of the code of criminal procedure. there were several defendants to the suit, some of whom pleaded that they had no concern with the property at all. all of them denied ..... the purpose of getting a trial in a different court from the one intended by the legislature is substantially a fraud upon the law and must be rejected, whether it arises from mere recklessness or from an artful design to get the adjudication of one judge instead of that of another.' in the present ..... also pleaded that the value of the property had been grossly exaggerated and that it was not worth more than rs. 1.000, the plaintiff in his plaint having valued the property at rs. 10,000.2. the learned subordinate judge framed several issues, issue no. 4 bearing on the actual value of the ..... case it is obvious that the valuation put in the plaint was grossly exaggerated and on the finding of the learned subordinate judge, which had been arrived at on the objection taken by some of the defendants ..... no way intended thereby to challenge the finding of the court below as to the correct valuation of the property in dispute.4. section 21 of the civil courts act xii of 1887 says: 'save as aforesaid an appeal from a decree or order of a subordinate judge shall lie to the district judge .....

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