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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1949 Page 1 of about 10 results (0.026 seconds)

Sep 07 1949 (PC)

S.E. Orde Vs. Mrs. T.C. Deacon and anr.

Court : Allahabad

Decided on : Sep-07-1949

Reported in : AIR1952All582

..... date & has to give notice to the opposite party to show cause why the applicant be not declared a pauper. rule 7 then sets out the procedure at the hearing after service of notice & sub-rule (2) of rule 7 is as follows:'the court shall also hear any argument which the ..... a revision against an order passed by the learned first civil judge of meerut rejecting an application for leave to sue in forma pauperis. an application was filed as required by order 33 rule 2, civil p. c. the application contained the particulars required in regard to plaints. a schedule of the property belonging to the applicant was ..... with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter, the court shall reject his application. to hold that in a case where the applicant has entered into no such agreement & has created no interest, in favour of a ..... reference to the subject-matter of the proposed suit underwhich any other person has obtained an interest in suchsubject-matter.explanation--an application shall not be rejected under clause (d) merely on the ground that the proposed suit appears to be barred by any law.'the attention of the bench does not ..... dass v. ram narain dass, a. i. r. (26) 1989 pat. 385, the lower ct. came to the conclusion that the application must be rejected & permission to sue in forma pauperis should not be granted. we have looked into the decision mentioned above & with great respect to the learned judges we do .....

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Dec 22 1949 (PC)

ZahinuddIn HusaIn Vs. Chokhey Lal and ors.

Court : Allahabad

Decided on : Dec-22-1949

Reported in : AIR1952All662

..... attached or sold, as it is not 'property' within the meaning of that word as understood either in the transfer of property act or in the code of civil procedure. next it has been contended that even if it be held to be an 'interest in property,' it is an interest which is restricted in its ..... suit. it was further held that zahinuddin husain's rights in the wakf property were not exempt from sale and so the objections filed by him were rejected. against that order he has now come up in appeal to this court. 5. the dispute in this case centres round a pure question of law, ..... 1944 on the basis of a compromise, the terms of which were incorporated in the decree. the declaration as prayed for in relief (a) of the plaint was granted, bat it was provided that the rights and interest of the judgment-debtors of the decree in suit no. 10 of 1933, which they possessed ..... generally created for the maintenance or personal enjoyment of the grantee ought to be inalienable. obviously such rights are not attachable or saleable under section 60(1)(n), civil p. c. 19. in the present case, the wakf deed under which the beneficiaries have a right to get their allowance, specifically speaks of 'karch parwarisk ..... what is declared to be non-transferable in section 6, t. p. act, may or may not be attachable or/and saleable under the provisions of the civil p. c. the crucial question, therefore, is whether a beneficiary's right to receive certain payments periodically out of the income of the wakf property isor is .....

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Sep 08 1949 (PC)

Mt. Raj Rani Vs. Rajaram

Court : Allahabad

Decided on : Sep-08-1949

Reported in : AIR1950All202

..... by virtue of the powers conferred by that act shall be subject to appeal to the high court in accordance with the provisions of the code of civil procedure applicable to appeals. under the succession acts no power of hearing appeals has been conferred on the district judge so that obviously the present appeal ..... which there is contention, the proceedings shall take as nearly as may be the form of a regular suit, according to the provisions of the code of civil procedure 1908, in which the petitioner for probate, or letters of administration, as the case may be, shall be the plaintiff and the person who ..... of any enactment to the contrary. no such enactment has been shown. an appeal, therefore, does he. the preliminary objection of the defendant is therefore rejected.6. upon merits it has been urged that the learned lower court was influenced by an irrelevant consideration, namely, that the pupils of the eyes of ..... in which or in any proceedings arising out of which, the decree or order was made did not exceed rs. 6,000/-. according to the plaint itself the value of the assets likely to come to the plaintiff was rs. 1,000/-. it has also not been shown that there is any ..... the deceased testator had a fixed abode at sarojni devi lane katra, maqboolganj in the city of lucknow. the proceedings were transferred to the court of civil judge, lucknow, for disposal, on 25th august 1945. on notices being issued, the present defendant respondent objected to the grant of the letters of administration .....

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Dec 21 1949 (PC)

Sm. Radha and ors. Vs. Sm. Gulzari and ors.

Court : Allahabad

Decided on : Dec-21-1949

Reported in : AIR1952All462

..... of the landlords' debts and after her claim had been dismissed by the same court as time-barred, and in rejecting the plaint under clause (d) of rule 11 of order 7, civil p. c. 10. i accordingly allow the appeal with costs throughout and setting aside the judgment and decree of the ..... a first appeal from orderagainst the order of the learned civil judge ofbanaras setting aside the order of the learnedcity munsif of banaras rejecting the plaint ofrespondent 1, who is the main respondent in thisappeal, under clause (d) of rule 11 of order 7, civil p.c. 2. the property in suit is a house ..... set aside the decree of the learned city munsif and directed that the plaint be admitted to its original number and proceeded with according to law. he considered the question whether the decree under section 11, encumbered estatesact, was ..... any court except as providedin sections 45 and 56 of the act, which relateto appeals and revisions, the respondents' suitwas not maintainable. he accordingly rejectedthe plaint under clause (d) of rule 11 of order 7. civilp.o., as already stated above. 3. on appeal, the learned special judge of banaras ..... the objections. that argument is to the effect that from the date of the objections in the court of the special judge, the learned additional civil judge lost jurisdiction to try the suit and his judgment is, therefore, a nullity. the contention is apparently based upon a confusion of thought .....

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Aug 23 1949 (PC)

Lal Somnath Singh and ors. Vs. Ambika Prasad Dube and ors.

Court : Allahabad

Decided on : Aug-23-1949

Reported in : AIR1950All121

..... encumbered estates act. each claimed one-fourth share in village bahadurpur. the plaintiffs lodged claims that village bahadurpur was theirs. those claims were rejected by the same learned additional civil judge, though as special judge, along with the present suit. so they have filed two first appeals nos. 313 and 314. as the ..... the property was sold on the 1st may 1877. no other information is available on the record and it is obviously for the reason that the plaint was badly drafted and the plaintiffs' case was not made clear till the statements of the parties were recorded on 1st-april, 1942. the learned ..... be that the learned judge has not accurately set out the pleadings between the parties. the pleadings are available and have been filed and the plaint does not show that the defendants might and ought to have raised this plea. there is no mention in the judgment that there were any ..... dei, daughter of bishwananth singh. she died in 1907 but the next presumptive reversioners were kashi nath and shanker nath. it is alleged in the plaint that the mortgage was executed--as kashi nath and shanker nath had claimed the property--with the object of defeating their claim or creating difficulties for ..... to the mortgaged property in question. shanker nath was a minor and he was impleaded under the guardianship of his brother, kashi nath. in the plaint filed on 28th november 1874, by the mortgagee it was not alleged that the debt was incurred by mt. sheobachan kuer for legal necessity. as .....

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Aug 31 1949 (PC)

Anjuman Islamia Through Zahur UddIn Vs. Latafat Ali and ors.

Court : Allahabad

Decided on : Aug-31-1949

Reported in : AIR1950All109

..... bareilly, to that of the additional munsif on the ground that there was great congestion of work in the former court. it seems that the application was rejected. 25th june 1929, was fixed for the hearing. latafat ali and fida ali moved another application on 18th april 1929 praying that an earlier date be fixed. ..... ) mesne profits, past and future. it also alleged that some of the shops were demolished by the defendants and claimed damages from them; the lower court rejected this claim for damages and the plaintiff has submitted to its finding. consequently the question of damages for the alleged demolition is not in dispute now.11. ..... was a false statement. the decree in the partition suit did not declare the waqf-deed null and void. there was a reference to it in the plaint as well as in the written statement, but there was no issue about it because none of the parties took his stand upon it. latafat ali and ..... appointed the person so appointed by him but should have appointed some others who had a better claim. to that extent a decree under section 92 of the code, in my opinion, is binding not only on those who are parties to the suit but also on others.6. i. therefore, agree with the ..... was not recognised in the pure mohammedan law, a court acting under section 92, civil p. c., has certainly the power to appoint a corporation as a mutwalli of a waqf because it is then governed by the rules of procedure and not by the pure mohammedan law. removal of a trustee, appointment of another .....

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Dec 20 1949 (PC)

Sm. Safdari Begam Vs. Ashfaq HusaIn Khan

Court : Allahabad

Decided on : Dec-20-1949

Reported in : AIR1952All538

..... aid is to be had from the remaining sections of the code in the matter of procedure. section 356 lays down the manner in which the evidence would be recorded by ..... illegality of dismissal of an application in default can be demonstrated in another way. a plaint or a complaint can be dismissed in default but they cannot be allowed ex parte without ..... in the case of anorder under section s46, she would be obliged to go toa civil court whereas it is still open to her to dowhat she could do before he commenced ..... application under section 145 on the ground of the applicant's absence. according to the procedure laid down in the three sections mentioned above the magistrate is required to 'peruse the ..... it be dismissed in default under any provision contained in ss. 146 to 148. the code defines a 'complaint' to mean an allegation made to a magistrate that some person ' ..... it should betreated as a hard case, when the applicant'sremedy in a civil court is open to her; she cansue for ejectment of the opposite party from thehouse. ..... the ultimate relief must be obtained by theparties from a civil court. it is open to the applicant to go to civil court at once and get adecision in her favour. 6 ..... is nothing analogous to them in the rest of the code. a dispute about immovable property is ordinarily to be decided by a civil court. but on account of its giving rise to apprehension ..... the magistrate; it has nothing to do with the procedure to be followed. a magistrate, therefore, cannot pass an order that .....

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Dec 19 1949 (PC)

Niranjan Lal Bhargava Vs. Mt. Ram Kali Devi

Court : Allahabad

Decided on : Dec-19-1949

Reported in : AIR1950All396

..... plaintiff was estopped from proceeding with the appeal, and the only prayer contained in the application was that the appeal be dismissed. the lower appellate court rejected this application, this order of the lower appellate court is not an appealable order. the appeal has been filed treating the order to be under order 23 ..... of certain matters, the plaintiff was estopped from continuing the appeal in the lower appellate court. the application purported to be under order 23, rule 3, civil p. c. but was, in fact and in substance, not an application under that rule, because no compromise was alleged in that application. all that ..... or imposed on the court of first instance. he referred further to the provisions of order 41, rule 33, civil p. c., where an appellate court has been given the power to make such further or other decree or order as the case may require. the ..... date when it was passed, but that the hearing of an appeal was in the nature of a rehearing, for it is provided in section 107, civil p. c., that a court of appeal shall have the same power and shall perform, as nearly as possible, the same duties as are conferred ..... court with the direction that the plaintiff should be permitted to amend her plaint and the suit be reheard and decided after the plaint has been amended, after giving an opportunity to the defendant, to file such written statement to the amended plaint as he may desire, and after giving an opportunity to the parties .....

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May 11 1949 (PC)

Channu Lal and anr. Vs. Rex

Court : Allahabad

Decided on : May-11-1949

Reported in : AIR1949All692; 1950CriLJ199

..... as meaningthe proceedings taken in court after a charge bas been drawn up and includes the punishments of the offenderthat definition was omitted from the presentcriminal procedure code. the word 'trial' is therefore not now defined arid, as appears from the perusal of 89. 866 and 497 u), the judgment is ..... that it belonged either to mewa ram exclusively or that it belonged to mewa ram, the two applicants, jain kuar and chandan kuar jointly, was rejected. there was an appeal against this order to the district judge and he confirmed the order of the special judge on 19th january 1944. the ..... air1925all737 , an election commissioner had sent a complaint purporting to act as a court under section 476, criminal p, c,, and the validity of the com-plaint was questioned. this court held that, although the complaint could not have been validly made under section 476, criminal p.c. nevertheless the magistrate, who received ..... c.17. in tara singh v. emperor : air1938all449 , allsop j, held that, although the complaint in that case could not have been filed by the civil judge, as the offence wag not covered by the provisions of 8. 476, criminal p.c. yet the sub-divisional magistrate, who took cognizance of the ..... matter then bi-came final between the parties. the civil court, therefore, finally declared that the pronote wag the exclusive property of the applicants and that mewa ram or jain kuar or chandan kuar .....

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Nov 03 1949 (PC)

RafiuddIn and ors. Vs. Mohd. AmIn and ors.

Court : Allahabad

Decided on : Nov-03-1949

Reported in : AIR1950All371

..... the certificate was produced the claim had already become barred by time. consequently, the plain. tiff's claim in respect of the 'muafi' should have been rejected.desai j.11. this is a defendants' appeal from a decree for declaration, possession and mesne profits. the following pedigrees are admitted by the parties : hakim ..... receiving a certificate from such collector' used in section 6, clearly suggest that the certificate may not be filed along with the plaint and it may be received by the civil court after the suit had been filed.5. it has been argued that the receipt of the certificate must precede the institution of ..... provisions contained in section 4, pensions act, however, the court could not entertain the suit, so far as it related to the 'muafi', unless the procedure prescribed in sections 5 and 6 of the act had been followed; that is to say, the claim had been first preferred to the collector of ..... the collector's certificate in respect of the assignment of land revenue. they took other pleas which have now been given up. the lower court rejected all the pleas taken by them and gave a decree to the plaintiffs for their half share in the property in dispute. [after discussion of ..... be accepted without any violence to the terms of the section.' ultimately they remanded the suite for retrial because it was necessary to get the plaint amended in some other connection. i find myself unable to agree with the observations quoted above. the absence of a certificate goes to the root .....

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