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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1948 Page 1 of about 3 results (0.094 seconds)

Dec 23 1948 (PC)

Kanhaiya Lal Vs. the Panchayati Akhara

Court : Allahabad

Decided on : Dec-23-1948

Reported in : AIR1949All367

..... that the proceeding by way of suit should be initiated by a stranger; and there is no indication of such an intention in the code of civil procedure. the plaint is a technical term used to denote a petition or application to a court complaining of a wrong done and to obtain relief against the ..... mr. shah mohammad himself not as a pleader but as an individual.as i have already shown, there is no provision in the code of civil procedure for the putting of the plaints or appeals in the boxes, if any, provided for the purpose. there might be rules in vogue in the punjab; but ..... have contented itself by using a word which, in the practice that prevailed, was not considered to include the performance of mere mechanical acts.14. the code of civil procedure authorises a litigant to set the machinery of the court in motion by 'instituting' a suit, 'preferring' an appeal or 'making' an application. ..... in accordance with law.'5. an examination of the provisions of the code of civil procedure discloses that, except in the case of a pauper suit or a pauper appeal, the legislature has not attached any importance to the person presenting a plaint, a memorandum of appeal or an application. while meticulous provisions exist ..... the memorandum of appeal;....under rule 3:(1) where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the purpose be being amended within a time to be fixed by the court or be amended then .....

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Aug 17 1948 (PC)

The Allahabad theatres Ltd. Vs. Ram Sajiwan Misra

Court : Allahabad

Decided on : Aug-17-1948

Reported in : AIR1949All730

..... are. used to expand a remedy in order to do justice to cover a case not within the exact words of, but within the purpose of a procedural section, the court is in effect using its inherent powers to act as if the orders were made under the section in question, in this case section ..... fact apply, there is no reason why the order passed by the judge should not be treated as one passed under that section.8. i would, therefore, reject the preliminary objection that has been taken on behalf of the respondent in regard to the competency of the appeal.sapru, j.9. i agree with the operative ..... powers are used to expand a remedy in order to do justice to cover a case not within the exact words of, but within the purpose of a procedural section, the court is in effect using its inherent powers to act as if the order were made under the section in question, in this case section ..... order under section 144 may 'take into consideration certain equities or place any parties upon terms.'. in the present case, according to the allegations contained in the plaint the respondent had not paid any rent to the appellant for the period 6th august 1946 to 5 th december 1947, and it seems necessary before restitution ..... and i cannot see how an order which does not strictly come within the purview of section 144, civil p.c. could be regarded as a decree within the meaning of sub-section (2) of section 2 of the code. an order under section 144 does not strictly come under the general definition of the term 'decree' .....

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Sep 23 1948 (PC)

Mrs. V.E. Argles Vs. Chhail Behari

Court : Allahabad

Decided on : Sep-23-1948

Reported in : 1949CriLJ345

..... on him to act and the other is how he is to act. if ho has jurisdiction, he is not deprived of jurisdiction merely because hi3 procedure is erroneous or defective.where an order under section 145, criminal p. c. did not expressly state that the magistrate was satisfied that there was ..... restraining the defendants from interfering with the plaintiff in the exercise of his right as a thekadar over the property given at the foot of the plaint for the period of lease. an appeal has been preferred against that decree in this court and it is still panding. an application was made ..... in a recent contested litigation. to allow this would amount to permitting a criminal court to fly in the face of the decision o a competent civil court being the only court competent to adjudicate with finality the disputes as to title and possession as between the parties having conflicting claims thereto. ..... cancellation of the order of attachment. learned magistrate by his order dated 28th october 1017, rejected it. notices were duly issued to the parties. although no formal order, as required by subs, (l) of section 145 of the code, was drawn up yet it was substantially complied with and a perusal of, the record ..... the property. hence, on 35th may 1946, mrs. argles brought a suit in the civil court for a declaration that she was in actual possession of the property. the plaint was held to be deficiently stamped and the civil judge asked mrs. argles to make good the deficiency in court-fee. against that order .....

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