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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1950 Page 1 of about 19 results (0.032 seconds)

Sep 27 1950 (HC)

Hari Har Prasad Singh Vs. Beni Chand

Court : Allahabad

Decided on : Sep-27-1950

Reported in : AIR1951All79

..... of section 4 of the act.'an argument advanced on behalf of the appellant may be noticed here. it has been pointed out that neither the code of civil procedure nor the court-fees act provides for the rejection of a memorandum of appeal for non-payment of whole or part of court-fee payable thereon; but, in face of the mandatory provisions of ..... was entitled to claim limitation from 11-6-1880, the date of the order of the high court rejecting the appeal. the court treated an order rejecting a memorandum of appeal for deficient payment of court-fee on the same footing as an order rejecting a plaint as insufficiently stamped, which amounted to a decree; and held the application for execution to be within ..... perform as nearly as may be the same duties as are conferred and imposed by this code on courts of original jurisdiction in respect of suits instituted thereon;'and that under order 7, rule 11 (c) a court of original jurisdiction has the power to reject a plaint and an order to that effect amounts to a decree; consequently, by virtue of section ..... the said clause ; and it was held that no appeal lay from the order under that clause.17. there is no analogy between the rejection of a plaint and the rejection of a memorandum of appeal; and the order rejecting or refusing to receive a memorandum of appeal, in view of the provisions of section 4, court-fees act, cannot be treated as a .....

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Sep 26 1950 (HC)

S. Wajid Ali Vs. Mt. Isar Bano Urf Isar Fatma

Court : Allahabad

Decided on : Sep-26-1950

Reported in : AIR1951All64

..... section applied to memo of appeals presented in the high court. the addition of this section removed the hardship caused by the full bench ruling.16. when the code of civil procedure of 1908 was enacted, section 582a was replaced by section 149. it extended the power of the court which was conferred upon it under section 582a in ..... plaintiff or the appellant, as the case may be, to make good the deficiency within such-time as it may fix, and in case of default shall reject the plaint or memorandum of appeal :provided that the court may, for sufficient reason's to be recorded, proceed with the suit or appeal if the plaintiff or the ..... instituted therein, and that since the court of original jurisdiction is bound under order 7, rule 11, to grant time to make good the deficiency on a plaint so also an appellate court is bound to grant time in respect of a memo of appeal. order 7, rule 11 refers to powers of a court of ..... officer referred to in sub-section (3) is not accepted by the court, a copy of the finding of the court together with a copy of the plaint, shall forthwith be sent to the chief inspector of stamps.'5. it is urged on behalf of the appellant that section 6(2) of the act applies ..... fee within such time as may from time to time be fixed by the court.(3) if a question of deficiency in court-fee in respect of any plaint or memorandum of appeal is raised by an officer mentioned in section 24a the court shall, before proceeding further with the suit or appeal, record a finding .....

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Sep 28 1950 (HC)

Hamid HussaIn Khan Vs. Masood HussaIn Khan and ors.

Court : Allahabad

Decided on : Sep-28-1950

Reported in : AIR1952All279

..... is insufficient, it shall call upon the plaintiff to make good the deficiency within such time as it may fix and in case of default shall reject the plaint; provided that the court may, for sufficient reasons to be recorded proceed with the suit, if the plaintiff gives security to the satisfaction of ..... . what was contended, however, is that that provision simply debars the court from 'proceeding with the suit' & not from passing interlocutory orders or dealing with procedural matters. i concede that it is possible to argue that 'proceeding further with the suit', means taking a step towards the passing of a decree in the ..... to make certain precautionary directions for the preservation of the property, the question is whether the order would still be regarded under order 39, rule 1, civil p. c., and, therefore, appealable. it could be so regarded if the court had no jurisdiction to pass such an order except under that provision; ..... to the final disposal of the suit. i regard the order in the present case as one of that description.6. indeed section 151 of the code, a reference to which is not always alluring allows the court to pass, in the exercise of its inherent power, such orders as may be necessary ..... far as the second part of the contention is concerned, it is also true that there was no application under order 39, rule 1 of the code. the question is whether, nonetheless, the order could be treated as one under that rule. if neither party had applied to the court, specifically for .....

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Mar 10 1950 (HC)

Makund Lal Vs. Gopal Das

Court : Allahabad

Decided on : Mar-10-1950

Reported in : AIR1950All536

..... subsequently was the application dismissed. krishnan j. remarked:'it does not follow that the petition had been disposed of by the mere non-compliance without a final order of rejection being passed.'27. these two cases were followed in balakrishna ayyar v. parva thammal, (a. i. r. (15) 1928 mad. 154: 105 i. c ..... have also ordered the plaintiff to make good the deficiency in the court-fee and suspended all action until it was done. had he followed the correct procedure, this matter should not have come before us at all. further, the learned munsif simply directed the plaintiff to pay the balance of the court-fee ..... of non-payment of court-fee. the court-fees act prohibited him from taking any action on the plaint unless full court-fee was paid on it. if he had referred to that act or the civil procedure code, he would have found that there is no provision under which he could decide the suit, knowing that ..... indicate that, besides paying the deficiency in court-fee, the plaintiff was also required to do a specific act with regard to the frame of his plaint, a point which would be material to the question mainly arising in this case, namely, whether the court had still retained control over the case after ..... pronounced and signed in open court, could not be altered, except under section 152, civil p. c. or on review. this is the only point to be considered in this case.9. sections 148 and 149 of the code deal with the matter of extension of time fixed by the court for certain purposes. .....

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Oct 13 1950 (HC)

Bishambhar Nath Vs. Janki Ballabh Tripathi and ors.

Court : Allahabad

Decided on : Oct-13-1950

Reported in : AIR1952All402

..... for the loss due to something done by him, which he was not empowered to do in his official capacity as an interim receiver. in his plaint the plaintiff had merely alleged that the action of the official receiver in attaching the property was 'highly prejudicial' to his rights; and he had ..... by way of damages for trespass. the suit had been originally instituted in the court, of the civil judge of agra, but, after the amendment, as the valuation was reduced, the plaint was returned by the civil judge for presentation to the proper court. the suit was then filed in the court of munsif, agra ..... have deteriorated, been damaged and ruined and that he had suffered a loss of about rs. 5,000. accordingly, he applied for amendment of his plaint. in consequence of the amendment the relief of declaration was omitted and the plaintiff confined his claim to damages: rs. 2,000 on account of the ..... only, and upheld the decree against other. the learned judge found that the plaintiff was bound to give notice to the official receiver under section 80, civil p. c ; that the notice given by the plaintiff on 8-11-1934, was valid and sufficient so far as the claim for compensation for trespass ..... liable for the damages claimed.8. the trial court (munsif of agra) dismissedthe suit on the ground, among others, that no validnotice under section 80, civil p. c. was given to theofficial receiver, who was acting or purported toact in his official capacity; that there was no collusion between the official receiver .....

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Apr 10 1950 (HC)

Ram Datt Singh and anr. Vs. Ajodhia Singh and ors.

Court : Allahabad

Decided on : Apr-10-1950

Reported in : AIR1952All446

..... died during thependency of the revision application and theirlegal representatives were not brought on therecord. the reason for impleading persons otherthan the mortgagees as defendants given inpara 8 of the plaint was that as jokhai singhand mahadeo singh and the sons of jokhai singhhad acquired the mortgagee rights out of thejoint family funds and all the descendants ofjagar nath were members ..... possession after redemption'. 7. as already stated during the pendency ofthis revision, dalpat singh and vidya kuar diedand their legal representatives were not brought on the record. though o. xxii, civil p. c.does not apply to a revision application, it has been held that if after the admission of a revisiona party dies and no application for substitution is presented ..... redemption and no more. such court has jurisdiction to record a findingon the question of tenancy.' the learned judge followed his previous decisionin an unreported case, bhagwati v. ram ugra civil revision no. 544 of 1945 (all.) decided on1st october 1948 and an unreported decision of hamilton j. referred to at p 207 of the report.that was a case in .....

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May 11 1950 (HC)

Keshar Sugar Works Vs. R.C. Sharma and ors.

Court : Allahabad

Decided on : May-11-1950

Reported in : AIR1951All122

..... for that concurrence.37. i agree with the conclusions reached by any lord the chief justice for the following reasons :38. (l) the code of civil procedure (hereinafter referred to as the 'code') and the limitation act (hereinafter referred to as the 'act') were both enacted by the same legislature, and although both the statutes ..... . dealing with this argument their lordships while examining the language of section 12 pointed out that it made no reference to the code of civil procedure or to any other act, nor did it give any reason why the time would be extended but simply enacts it as a positive direction. ..... by copies of the judgment and decree, and as, under the rules of the high court of rangoon, which could modify the provisions of the code of civil procedure, it was not necessary that the memorandum of appeal should be accompanied by copies of the judgment and decree, the period of twenty days was unqualified ..... against the appellant on 14-2-1918. the appellant applied to have the ex varte decree set aside. on 26-7-1918 the application was finally rejected. the appellant filed an appeal in the high court, against the refusal to set aside the ex parts decree, on 80-8-1918, beyond the ..... where costs are to be paid and received in accordance with success and failure and the items of property have not been separately valued in the plaint. it is true that even in such cases it is possible to put in an application for a copy and claim the whole of the period .....

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Mar 23 1950 (HC)

Lucknow Improvement Trust Vs. Ch. Mohd. Saddiq and ors.

Court : Allahabad

Decided on : Mar-23-1950

Reported in : AIR1952All346

..... time of notification under section 42 may be said to be the preliminary investigation which deals only with framing and sanction of an improvement scheme. the corresponding procedure under the land acquisition act relates only to the investigation whether land is required for a public purpose or for a company. the u. p. town ..... the suit. the following issues were accordingly framed :1. were the acquisition proceedings ultra vires of the defendant as alleged in paras. 7 and 8 of the plaint ? 2. whether tie acquisition of the property in suit necessary (or the execution of the scheme or the property is affected by the execution of the scheme ..... power to make a scheme is vested in the trust alone and if the scheme is sanction-ed by the local government it is rot for the civil court to say whether the scheme is good or bad.21. it will thus be seen that none of the reasons given by the court for ..... under section 6, land acquisition act, as now contended it would appear on the authority of this case that the present suit would be cognisable by the civil court.10. the learned counsel for the appellant relied on secretary of state v. akbar ali, 45 all. 443 where it was held that when a ..... they are sought to be acquired.11. the questions involved in the present suit are undoubtedly of a civil nature and under section 9, civil p. c. the civil court has jurisdiction to try suits of a civil nature unless the jurisdiction of the court is either expressly or impliedly barred. there is nothing in the .....

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Oct 05 1950 (HC)

Baur and ors. Vs. Deo Kali and ors.

Court : Allahabad

Decided on : Oct-05-1950

Reported in : AIR1951All610

..... instituted, ceased to have the proprietary interest claimed by him, as the same had been sold at an auction sale. the lower appellate court rejected this application on the ground that fresh evidence could only be allowed in appeal if the court required it in order to enable it to ..... that the defendant was claiming to hold in that capacity, and inspite of this knowledge he filed the suit in the revenue court, the plaint is liable to be returned for presentation to the proper court. in the present case the defendants alleged that they were tenants of the ..... the plaintiff was not an under-proprietor at all. the issue about the proprietary right raised by the defendant was referred to the civil court. the civil court decided that the plaintiff was an under-proprietor. on receipt of this finding the trial court decreed the suit but awarded no ..... no jurisdiction to entertain the suit. the argument is that in the plaint the plaintiff merely alleged that the defendants were trespassers. he did not allege that the defendants claimed tenancy rights. it was urged that the civil court has jurisdiction to entertain a suit for ejectment against a trespasser ..... damages. the defendants appealed to the lower appellate court. the appeal was dismissed. in the lower appellate court, for the first time, the defendants raised a plea of jurisdiction. the court below rejected .....

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Nov 06 1950 (HC)

Shri Om Prakash Gupta Vs. the United Provinces

Court : Allahabad

Decided on : Nov-06-1950

Reported in : AIR1951All205

..... r. (29) 1942 mad. 316 : (202 i. c. 122), court fee paid along with an appln. for review of an order dismissing the plaint as insufficiently stamped & which appln. for review was rejected, was ordered to be refunded in the exercise of inherent power. the reason for the order was that such court-fee was not meant to be ..... of the crown as a reader in the govt. press was charged with communicating a secret matter to another person & was dismissed. though the procedure prescribed by the civil services (classification) rules was not followed, their lordships could not as a matter of law hold that venkatarao was entitled to redress from the cts. by ..... , though i do not see how still he could get a decree. as the crown is mentioned in the rule, it must be held bound by the code. if the payment of salary was merely a question of the crown's prerogative, it could be argued that the crown had abandoned the prerogative when the rule ..... prasad, 14 m. i. a. 40: (7 beng. l. r. 186 p. c.), hussain bhamjee v. hicks, 18 w. r. 124 etc. section 60 in the code of 1908 does not, & could not, make any change in the law; the future salary is still not a debt but cts. are permitted to issue one order for continual ..... was always its enforceable liability. but he has not cited any law under which it was so. if there was a law oven before the enactment of the code in 1908 to the effect that a crown servant has an enforceable claim to his accrued salary, that law should have been cited. the above discussion shows .....

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