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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1933 Page 1 of about 15 results (0.032 seconds)

Sep 07 1933 (PC)

Mt. Lugdi Vs. Har Prasad and anr.

Court : Allahabad

Decided on : Sep-07-1933

Reported in : AIR1934All11

..... that if a suit appears-from the statement in the plaint to be barred by any positive rule of law the court shall reject the plaint. it will therefore be seen that the plaintiff is under the necessity ..... the civil procedure code requires that the plaint should set forth the cause of action and when it accrued, and, if cause of action arose beyond the period allowed by any law for the institution of the suit, the ground upon which exemption from such law is claimed. the code of civil procedure provides ..... on demand; and the only ground upon which they resisted payment was purely a technical one under the limitation act. if therefore the proper procedure had been followed in the lower court, the plaintiff's appeal to the lower appellate court must have been successful the same result necessarily ..... to this court.2. the important point in this case is one of practice. it raises the question of pleadings. the plaintiff in her plaint alleged that this money had been deposited, that she had demanded it from the defendants, but they took no notice of her demands. eventually ..... of satisfying the court that his case is not barred by limitation. but when the plaintiff's suit is prima facie within time, then if the defendant alleges that it is not within limitation, it is for him to make out such a case. on the plaint .....

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Oct 31 1933 (PC)

Jagannath Vs. Ram Gopal

Court : Allahabad

Decided on : Oct-31-1933

Reported in : AIR1934All160; 147Ind.Cas.342

..... full power to refuse to accept a memorandum of appeal when the amount of the court-fee paid was insufficient. in the present case however the plaint had not been rejected. the court might no doubt have rejected it under section 6 of the court-fees act, but it did not do so, and gave the plaintiff time to make good the deficiency ..... to the provisions of the law; that is to say, it had not fully considered the effect of section 6 of the court-fees act and section 149 of the civil procedure code and also the decision of this court in the case of brijbhukan v. tota bam : air1929all75 . in that case sir section m. sulaiman (now chief justice) remarked on the objectionable ..... 24th september 1929 and the suit was filed on 11th october 1932, that is to say, on the day of the opening of the courts after the long vacation. the plaint was stamped wife a court-fee stamp of rs. 4 only instead of rs. 39, and on the office report the court ordered that the deficiency should be made good ..... had not been paid on 11th october 1932 but the order of the court passed under section 149 of the civil p.c., allowing the plaintiff two days in which to make good the deficiency undoubtedly had the effect of giving the plaint 'the same force and effect as if such fee had been paid in the first instance'. mr. ghatak's .....

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Feb 13 1933 (PC)

Mt. Shahzadi Begam Vs. Alakh Nath and ors.

Court : Allahabad

Decided on : Feb-13-1933

Reported in : AIR1933All308

..... is still pending before the court, although rule 13 prescribes that the rejection of the plaint under rule 11.shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.6. under section 41, civil p.c., the procedure provided in the code in regard to suits shall be followed as far as can be ..... made applicable in all proceedings in any court of civil jurisdiction, and as i have already remarked, the procedure prescribed for pauper suits is specifically ..... , i think, be no doubt therefore that an application for leave to appeal as a pauper may be rejected at a preliminary stage on the ground that ..... applied to the procedure for the presentation of pauper appeals. there can .....

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Nov 03 1933 (PC)

Biradhmal Lodha Vs. Income-tax Commissioner

Court : Allahabad

Decided on : Nov-03-1933

Reported in : AIR1934All217; 153Ind.Cas.722

..... made by the assessees. it should be borne in mind that the income-tax act contains no rules of pleadings of the nature prescribed by the code of civil procedure. all that it requires an assessee to do is to make a return of his total income during the previous year' (see section 22). on ..... appears necessary on this point as the facts appear to be clear. muoh argument was made by learned counsel that the assistant commissioner had based his rejection of the objection solely on the ground of section 25-a. but section 25-a is not the only point to which bis order refers, and ..... family became divided in respect of part of its property, though in respect of the remainder of its property the joint status was retained. now the procedure to be followed when a hindu undivided family becomes divided (whether in respect of part of its property or all its property is immaterial) is laid ..... claim which must be made at the time of making an assessment. under the civil procedure code it is not open to a party on appeal to advance a claim for relief on a ground which he has not taken in his plaint, and even as regards the production of new evidence it is laid down ..... by order 41 rule 27 that additional evidence can only be admitted in appeal where such evidence is required by the appellate court itself in order to enable it to pronounce judgment or where such evidence has been refused by the court of first instance. if the civil .....

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Nov 03 1933 (PC)

Biradhmal Lodha Vs. Commissioner of Income-tax.

Court : Allahabad

Decided on : Nov-03-1933

Reported in : [1934]2ITR164(All)

..... allegations made by the assessees. it should be borne in mind that the income tax act contains no rules of pleadings of the nature prescribed by the code of civil procedure. all that it requires an assessee to do is to make a return of 'his total income during the previous year' : (see section 22 ..... appears necessary on this point as the facts appear to be clear. much argument was made by learned counsel that the assistant commissioner had based his rejection of the objection solely on the ground of section 25-a. but section 25-a is not the only point to which his order refers, ..... finding on the evidence already produced and could have called for more.i may note that no analogy can be drawn from order 41, rule 27, civil procedure code, to determine the powers of the assistant commissioner hearing an appeal under the income tax act, section 31 (2), as the latter gives unrestricted direction ..... which must be made at the time of making an assessment. under the civil procedure code it is not open to a party on appeal to advance a claim for relief on a ground which he has not taken in his plaint, and even as regards the production of new evidence it is laid down ..... by 0.41, r. 27 that additional evidence can only be admitted in appeal where such evidence is required by the appellate court itself in order to enable it to pronounce judgment, or where evidence has been refused by the court of first instance. if the civil .....

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Dec 05 1933 (PC)

Srinathji and ors. Vs. Musammat Panna Kunwar

Court : Allahabad

Decided on : Dec-05-1933

Reported in : 155Ind.Cas.390

..... sued. the present appeal has been preferred against the decree made by the learned subordinate judge.3. the plea that the suit of the plaintiff was barred under section 11, civil procedure code, was abandoned in this court .4. only two pleas have been urged in this appeal before us one is that of limitation and the other relates to interest.5. we ..... rejected by us for the reasons recorded in our order. as the plaintiff asked for a money decree only, it must be held that article 132, limitation act, would not apply ..... the respondent had to concede that article 132, limitation act could not be made applicable to the case before us in view of the fact that the plaintiff in her plaint did not seek to enforce her charge against the immovable property in possession of the appellants. he, however, made an application on behalf of the respondent during the hearing of ..... the appeal asking for permission to amend the plaint by adding a relief for enforcing a charge against the immovable property which is liable for the payment of the maintenance of the plaintiff-respondent. that application was .....

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May 02 1933 (PC)

Mt. Jaimala Kunwar and anr. Vs. Collector of Saharanpur and ors.

Court : Allahabad

Decided on : May-02-1933

Reported in : AIR1934All4

..... expect that justice would be done towards the joint petition and the third need not file a separate application in revision. in this view we cannot reject beni prasad's application on the sole and simple ground that it is a 'belated' one. the revisional jurisdiction of the high court need not ..... record to continue the litigation : see sankaralinga nadan v. rajeshwara dorai (1908) 31 mad. 236. the civil procedure code itself recognises the necessity of making the beneficiaries a party in certain circumstances vide order 31, rule 1, civil p.c. in kunju kombi aohan v. ammu a.i.r. 1932 mad. 31, the head of ..... continue the litigation. the result of disallowing beni prasad's request to continue the litigation would be that (assuming that the statements made in the plaint were correct) an estate worth one and half lakhs would go to the defendants without the smallest attempt being made to recover it. we are ..... was argued that the right to recover the property from the defendants accrued to janeshwar das in his lifetime (according to the facts stated in the plaint in suit no. 6 of 1932) and that therefore if the suit instituted on behalf of the ladies be withdrawn, a valuable estate would be ..... and chando kunwar, and one beniprasad. beni prasad according to the allegations of the widows and himself, and according to the pedigree stated in the plaint, was along with his brothers the next reversioner to the estate of janeshwar das and badri das. their application was dated 19th may 1932 and was .....

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Dec 05 1933 (PC)

NaraIn Das Vs. Bhagwati Prasad

Court : Allahabad

Decided on : Dec-05-1933

Reported in : AIR1934All465

..... ), and so the decree-holder should make an application for a final decree according to law. he considered that the application as presented was irregular and rejected it on that ground and to that extent only. no one appealed from that order, which became final. on 11th may 1925, the decree-holder applied ..... executing the decree should determine the question regarding the amount of mesne profits as to which the decree has directed an inquiry. but under the new civil procedure code, the inquiry cannot be postponed to the execution department. order 20, rule 12 lays down that in such a suit an inquiry may be ..... finding of the court below on this point. the mesne profits to which the plaintiff is entitled are mesne profits defined in section 2(2), civil p.c. and mesne profits which the defendant either actually received or might with ordinary diligence have received from the property together with interest on such ..... bring them on the record. when applications are specially required by the code in such cases they would be applications under the code and would therefore fall under article 181, limitation act. but where no application is required by the civil procedure code, it is very difficult to bold that article 181 can apply to ..... office reported that some court-fees were due from him inasmuch as he was claiming more mesne profits now than had been mentioned in the plaint on which court-fee had been paid, and also that he should pay process fee. time was allowed to him, but he failed to .....

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Jan 24 1933 (PC)

Joti Prasad Upadhiya Vs. Amba Prasad

Court : Allahabad

Decided on : Jan-24-1933

Reported in : AIR1933All358

..... is provided by section 19 of the act that:except so far as may be otherwise provided by this act or by rule the procedure provided in the code of civil procedure, 1908, in regard to suits shall, so far as it is not inconsistent with this act or any rule, and so far ..... by the plaintiff-appellant must stand. otherwise we shall have to decide the further question whether the lower appellate was right in rejecting an application for amendment of the plaint filed by the plaintiff appellant in that court, in circumstances hereinafter specified. the suit giving rise to the present appeal was ..... it is argued by the learned counsel for the plaintiff-appellant that, in the circumstances of the present case, the learned district judge erred in rejecting the application for amendment and that, in order finally to settle the controversy between the parties, the proposed amendment ought to have been allowed, ..... cause of action, apart from the dates mentioned in the plaint, also arose on 9th february 1932 when the local government refused to appoint a tribunal in accordance with the provisions of section 35(3), district ..... went in appeal to the lower appellate court. the appeal was heard and decided by the learned district judge. an application for amendment of the plaint was presented in his court on behalf of the plaintiff, the appellant before us. by the amendment the plaintiff sought further to allege that the .....

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Dec 22 1933 (PC)

Gaekwar Baroda State Railway Vs. Sheik Habib Ullah

Court : Allahabad

Decided on : Dec-22-1933

Reported in : AIR1934All740; 153Ind.Cas.824

..... the legislative council of british india was constituted. the earliest, to which it is necessary to refer and which was in full force in 1908, when the code of civil procedure, act 5 of 1908, was passed, is the indian councils act of 1861 (24 and 25 victoria, ch. '67.), which was passed on 1st ..... inspection work should be carried out by an independent agency. this was a mere proposal and it was open to the defendant to accept it or reject it. but it is altogether wrong to argue that because of this proposal the defendant committed a breach of contract when in his letter of 8th ..... points in issue between the parties is whether or no the plaintiff supplied 1902 narrow gauge sleepers towards work-order no. 3-m. the plaintiff in his plaint stated that he had supplied these sleepers. the defendant denied this allegation. (his lordship considered the evidence and held that the plaintiff failed to supply 1902 ..... issue in the case is:are the contracts relied on by the plaintiff legal and binding on the defendant22. the plaintiff in para. 3 of the plaint stated that he had entered into these contracts with the defendant railway through its manager and engineer-in-chief who was competent to make them on its ..... defendant railway, who according to the plaintiff, was fully competent and authorised to make them on its behalf. there are some other contracts mentioned in the plaint, but we are not concerned with them in this appeal. the plaintiff says that in respect of contracts nos. 1-m, 2-m and 3-m .....

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