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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1923 Page 1 of about 10 results (0.051 seconds)

Mar 21 1923 (PC)

Musammat Chitto Vs. Ganga Sahai and anr.

Court : Allahabad

Decided on : Mar-21-1923

Reported in : AIR1923All527; 77Ind.Cas.638

..... rejected her prayer and hence she his come into civil court for the declaration of her right as the sole occupancy tenant of the holding in question. the claim was resisted by the denial of the allegations in the plaint. it was urged that the suit was not maintainable in a civil court and that it was barred by section 11 of the code of civil procedure ..... , apart from any inconsistencies in her negations in the two plaints the question for decision is whether the civil suit of musammat chitto is maintainable in view of the provisions of section 11 of the code of civil procedure. the contention for her is that her suit in the revenue ..... of civil procedure.2. in order to decide the question raised in the appeal it is necessary to refer to some of the facts which ..... . bath the courts below have dismissed the claim of the plaintiff on the ground that her present claim is barred by the principles of res judicata. the contention for the plaintiff-appellant in her second appeal to this court is that the lower courts were in error in holding that hit present suit is barred under section 11 of the code ..... a suit brought by her for a declaration that she was the sole occupancy tenant of the holding mentioned in the plaint. she stated in her plaint that the occupancy inkling originally belonged to her husband baldeo singh who died some time ago without any issue, leaving .....

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Apr 11 1923 (PC)

Shauran Bibi and anr. Vs. Abdus Samad and ors.

Court : Allahabad

Decided on : Apr-11-1923

Reported in : AIR1923All577; (1923)ILR45All548

..... contention is well-founded. order xxxiii of the first schedule to the code of civil procedure jays down the procedure to be followed upon an application being presented to the court for leave to sue as a, pauper. rule 5 of that order specifies the grounds upon which the application may be rejected, and one of those grounds, as mentioned in clause (d) of the ..... to say, the question of the pauperism or otherwise of the applicant. in our opinion, clause (d) of rule 5 enables the court to reject the application if, upon the allegations made by the applicant in the plaint or in his deposition as recorded under rule 4, no cause of action is shown. it does not empower the court to try the ..... question and in fact to try the suit on the merits before the application for leave to sue is granted. in our opinion if, upon the allegations contained in the plaint and in the deposition of the plaintiff as recorded under rule 4, it appears to the court that the plaintiff has no cause of action for maintaining the suit, the ..... whether upon the allegations made by the plaintiff, that is the allegations contained in the plaint and in the plaintiff's examination under rule 4, a cause of action is disclosed. if these allegations did not show a cause of action, the court was bound to reject the application. but, in our judgment, the court is not entitled to take evidence from .....

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Apr 11 1923 (PC)

Musammat Shauran Bibi and anr. Vs. Abdus Samad and ors.

Court : Allahabad

Decided on : Apr-11-1923

Reported in : 73Ind.Cas.538

..... contention is well-founded. order xxxiii of the first sch. to the code of civil procedure lays down the procedure to be followed upon an application being presented to the court for leave to sue as a pauper. rule 5 of that order specifies the grounds upon which the application may be rejected, and one of those grounds, as mentioned in clause (d) of the ..... to say, the question of the pauperism or otherwise of the applicant. in our opinion clause (d) of rule 5 enables the court to reject the application if upon the allegations made by the applicant in the plaint or in his deposition as recorded under rule 4, no cause of action is shown. it does not empower the court to try the ..... question and in fact to try the suit on the merits, before the application for leave to sue is granted. in our opinion if, upon the allegations contained in the plaint and in the deposition of the plaintiff as recorded under rule 4, it appears to the court that the plaintiff has no cause of action for maintaining the suit, the ..... , whether upon the allegations made by the plaintiff, that is, the allegations contained in the plaint and in the plaintiff's examination under rule 4, a cause of action is disclosed. if these allegations did not show a cause of action the court was bound to reject the application. but in our judgment the court is not entitled to take evidence front .....

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Jun 07 1923 (PC)

Rahul AmIn Vs. Shankar Lal and ors.

Court : Allahabad

Decided on : Jun-07-1923

Reported in : (1923)ILR45All701

..... of signature or verification was or was not curable under the provisions of section 578 of the then code of civil procedure, corresponding with section 99 of the present code. in the case before us the point taken against the plaintiff essentially was, and is, that his plaint had never been validly presented to the court. that it had not been so presented seems obvious ..... irregularity in any proceeding in a suit within the meaning of section 99 of the code of civil procedure; and, in any case, it is a plea which affects the jurisdiction of the court. the trial court had no jurisdiction to entertain the suit at all, except upon a plaint properly presented; and it ought to have gone into the question of the presentation ..... -is no decision of this high court lending support to such a view of the law. if there was never any valid plaint before the-court, the proper order would seem to be one rejecting the-petition tendered as a plaint and leaving it to the plaintiff to-take such further action as he might think proper. in the present circumstances the question ..... hardly arises, because by the time the learned additional district judge came to dispose of the appeals before him, the period of limitation, even reckoned from the date given in the plaint, had .....

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Jun 07 1923 (PC)

Ruhul AmIn Vs. Lala Shankar Lal and ors.

Court : Allahabad

Decided on : Jun-07-1923

Reported in : 77Ind.Cas.30

..... the plaintiff essentially was and is, that his plaint had never been validly presented to the court that it had not been so presented seems obvious ..... defect of this sort can scarcely be regarded as a defect in or proceeding in a suit within the meaning of sect on 99 of the code of civil procedure and in any case it is a plea which affects the jurisdiction of the court. the trial court had no jurisdiction to entertain the suit at all, except upon a ..... clear presumption that he had authority to present the plaint. this being so the only question was whether an alleged defect in the matter of signature or verification was or was not curable under the provisions of sect on 578 of the then code of civil procedure, corresponding with sect on 99 of the present code. in the case before us the point taken against ..... is no decision of this high court lending support to such a view of the law. if there was never any valid plaint before the court, the proper order would seem to be one rejecting the petition tendered as a plaint and leaving it to the plaintiff to take such further actica as he might think proper. in the present circumstances, the question .....

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Feb 27 1923 (PC)

Hari Shankar Vs. Ram Piari and ors.

Court : Allahabad

Decided on : Feb-27-1923

Reported in : (1923)ILR45All441

..... takes a preliminary objection to the appeals to the effect that no appeals lie in view of the provisions of sections 15 and 16 of the second schedule of the code of civil procedure. in support of his contention the cites the case of lutawan v. lachya (1913) i.l.r. 36 all. 69 a full bench ruling of this court. it is ..... the award or is in excess of the award. in the present case the objection that is urged now before the court was urged in the court below and was rejected. the two appellants do not challenge the decree of the lower court on the ground that the decree is in excess of the award or is not in accordance with ..... out of a suit brought by hari shankar on the 11th of december, 1918, in the court of the subordinate judge of meerut for partition. hari shankar alleged in his plaint that he and shankar lal were the sons of pandit ram chandar who was the brother of pandit chajju mal. the family was joint and no partition of the family .....

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Dec 20 1923 (PC)

Gobind Ram Vs. Kunj Behari Lal and ors.

Court : Allahabad

Decided on : Dec-20-1923

Reported in : (1924)ILR46All398

..... that was not pressed before us in argument. section 193 (a) of the tenancy act laid down an exception to the applicability of the old code of civil procedure, but that exception itself is inapplicable to the present case. the plaintiffs not being recorded proprietors and the defendant having pleaded that neither they nor ..... shall, so far as may be practicable, be construed as applying to this act or to the corresponding section thereof when after this act, the new code of civil procedure (act v of 1908) was enacted, the provisions relating to the insolvent judgment-debtors were naturally omitted. since then the new provincial insolvency act ( ..... they are not inconsistent therewith, subject to a few modifications and additions. under sub-clause (a) it is provided that chapter xx of the old code of civil procedure, act xiv of 1882, which dealt with insolvent judgment-debtors, shall not apply to any such suit or proceeding. but, as i shall show later ..... insolvent, was not competent to transfer any property or right to property tb the plaintiffs.6. the other plea, relating to the set-off, was rejected by him. he stated in his judgment that he could find no law in support of the defendants' claim to a set-off.7. the case ..... for. recovery of profits due in respect of a certain share in a mahal, for the years 1324, 1325 and 1326 fasli. according to the plaint the profits for these years became due on (the 1st of august in each of the years 1917, 1918 and 1919. there were five defendant's .....

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Jul 30 1923 (PC)

Mukat Singh and ors. Vs. Misra Paras Ram and anr.

Court : Allahabad

Decided on : Jul-30-1923

Reported in : AIR1924All726; 79Ind.Cas.106

..... consider the other objection taken by the defendants in the trial court, namely, that the house in question was not liable to sale under section 60, clause (c) of the code of civil procedure. no issue was framed on that point by the trial court or finding recorded. there is some evidence to show that the defendants are agriculturists ..... local usage to the contrary. the allegation in the plaint was that the defendants had agreed to vacate the house on demand. that agreement was sought to be proved by the evidence of two witnesses, lalta prasad and sirnam singh ..... . (1894) 196 : 8 ind. dec. (n.s.) 353 that ground cannot be sustained.2. but it still remains to consider whether a notice was in the circumstance alleged in the plaint, at all necessary. section 106 of the transfer of property act. (no. iv of 1882) does not require the sending of such a notice where there is a contract on .....

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Mar 16 1923 (PC)

Bijai Shankar and ors. Vs. Ram Charitra Singh and ors.

Court : Allahabad

Decided on : Mar-16-1923

Reported in : (1923)ILR45All461

..... land which had been settled with the ancestors of the defendants. again, in 1903, disputes arose in the criminal court under section 145 of the code of criminal procedure, as to the possession of this land, and the criminal court decided in favour of the defendants, maintaining their possession. in 1904 the plaintiffs ..... year 1920. in 1894 the plaintiffs' predecessors again asked the revenue authorities to settle the land with thorn, but their prayer was rejected, and they were referred to the civil court to establish' their title. both in that year and in 1884 their right to the land now in dispute was challenged by ..... arazi dayara dhanapur, unless it was a gradual accretion to the land within the meaning of regulation ii of 1825. it was nowhere alleged in the plaint that the land was a gradual accretion, and it has not been shown that the accretion was in reality gradual. as to usage, the only ..... land, and that the defendants, the owners of the village dhanapur khas, had no right to the aforesaid land. they based their claim in the plaint upon the custom known as the custom of dhardhura. that custom means that the deep stream is the boundary between two villages lying on opposite banks ..... west of that parent village is a village which has apparently been formed since 1836 and is called arazi dayara dhanapur. the plaintiffs alleged in their plaint that they were the owners of the village arazi dayara dhanapur; that the land in suit had accreted to that village, and, therefore formed an .....

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Mar 16 1923 (PC)

Bijai Shanker Selher and ors. Vs. Ram Chritra Singh and ors.

Court : Allahabad

Decided on : Mar-16-1923

Reported in : AIR1923All500; 75Ind.Cas.35

..... year 1920. in 1894 the plaintiffs' predecessors again asked the revenue authorities to settle the land with them, but their prayer was rejected, and they were referred to the civil court to establish their title. both in that year and in 1884 their right to the land now in dispute was challenged by ..... to this land which had been settled with the ancestor of the defendants. again, in 1903, disputes arose in the criminal court under section 145, criminal procedure code, as to the possession of this land, and the criminal court held in favour of the defendants, maintaining their possession. in 1904 the plaintiffs instituted ..... dayara dhanapur, unless it was a gradual accretion to the land within the meaning of regulation xi of 1825. it was nowhere alleged in the plaint that the land was a gradual accretion, and it has not been shown that the accretion was in reality gradual. as to usage, the only ..... and that the defendants, the owners of the village dhanapur khas, had no right to the afore said land. they based their claim in the plaint upon the custom known as the custom of dhardhura. that custom means that the deep stream is the boundary between two villages lying on opposite banks ..... the west of that parent village is a village which has apparently been formed since 1836 and is called arazi dayara dhanapur. the plaintiffs alleged in their plaint that they were the owners of the village arazi dayara dhanapur; that the land in suit had accreted to that village, and, therefore, formed an .....

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