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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1950 Page 2 of about 19 results (0.030 seconds)

Apr 17 1950 (HC)

Devi Nath Vs. Ram Datt and ors.

Court : Allahabad

Decided on : Apr-17-1950

Reported in : AIR1950All664

..... khaikar. the definition of the word 'tenant' given in rule 2 indicates that this word covers pucca khaikar, kachcha khaikar as well as sir tans. the first relief in the plaint was, therefore, clearly a relief falling within clause (b) of item 21 of the rules and, therefore, the suit in respect of it could have been brought in the revenue ..... dispute for the determination of the class to which a tenant belongs has to be decided by a revenue court. in the-present case the first relief claimed in the plaint was that the defendant-appellant was not a khaikar of the land in suit and had no right to get his name entered as such. in the second relief it ..... appeal was filed and in the first appellate court, apart from all other grounds, an additional ground that was urged on behalf of the defendant-appellant was that the civil court had no jurisdiction to entertain this suit. the first appellate court rejected this plea. in this appeal the only questions that has been argued is this question of jurisdiction of the ..... before a revenue court under the rules. this suit could not, therefore, have been brought in the civil court and the civil court had do jurisdiction to take cognizance of it. the decision by both the lower courts has, therefore, to be act aside and the plaint returned for presentation to the pro per court i, therefore, allow this appeal, set aside the .....

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Sep 28 1950 (HC)

H. Bevis and Co. Vs. Ram Behari and ors.

Court : Allahabad

Decided on : Sep-28-1950

Reported in : AIR1951All8

..... heard on the date to be fixed for hearing of injunction application. applicant wants an injunction against the government's award. -- order rejected.'28. it may be mentioned here that the civil court vacations were to commence from 5-6-1947, and the courts were to re-open on 5-7-1947. the money ..... with temporary injunctions. rules 1 and 2 state the grounds on, or the circumstances, in which temporary injunction can be granted and rule 3 prescribes the procedure to be adopted by the court for granting it. i leave aside for the present the grounds on, or the circumstances in, which temporary injunction can ..... whether reference to the arbitration by the government was void and illegal being in excess of its powers conferred by rule 81a, defence of india rules. the plaint, therefore, disclosed a prima facie case for the purposes of the grant of an ad interim injunction. the reasons given by the lower court in refusing ..... application for an injunction and at the same time of issuing an ad interim ex parte order of injunction is not justified by the provisions of the code. what ought to be done is that when the court feels that the object of granting the injunction would be defeated by the delay, it ..... and not outside that rule. this being so, again in all these cases, it would be appealable under order 43, rule 1 (r) of the code.6. it was contended by the learned counsel for the respondents that it was only the final order on an application for temporary injunction that was appealable and .....

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Dec 21 1950 (HC)

Kumar Kant NaraIn Singh Vs. Chandrabhal Singh

Court : Allahabad

Decided on : Dec-21-1950

Reported in : AIR1951All603

..... no right of suit as against the opposite party in the absence of permission under section 86 of the code & in the face of the guarantee by clause 5 of the merger agreement.23. the learned civil judge was quite right in rejecting the appln. under rule 5 (d) of order 33.24. the revision fails & i would dismiss ..... take evidence on the merits of the claim it is fully justified in examining the appct. & in considering on the basis of his statement & the allegations in the plaint whether or not any cause of action is disclosed.13. reference may also be made to mt hira dei v. gokul chand a.i.r. (29) 1942 oudh ..... of the ct. to satisfy itself that the allegations of the petnr. do show a cause of action; & the allegations are not only those made in the plaint, but also include those made in the examination of the appct. before the ct.it is open to the h. c. to determine at the preliminary stage whether ..... properties & for rupees thirty lacs as mesne profits he alleges that he is not possessed of sufficient means to enable him to pay the requisite court-fees for the plaint & so he applied for permission to sue in forma pauperis3. the opposite party contested this appln., inter alia, on the ground that without the permission of the ..... evidence should be taken on the point.14. if on the allegations in the plaint & the statement of the appct., if any, it is plain that the appct. has no right of suit the appln. for permission to sue as a pauper must be rejected under rule 5 (d) of order 33, c. p. c. it is .....

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Jan 12 1950 (HC)

Kailash Pat Vs. Goswami Brij Gopal and anr.

Court : Allahabad

Decided on : Jan-12-1950

Reported in : AIR1950All405

..... namely, that the suit, as framed, was not maintainable under order 1, rule 8, civil p. c.5. the trial court, rejecting the defence, decreed the suit in the terms of the relief, while the lower appellate court modified that decree by converting it into a decree for ..... as the plaintiff was. whether the conditions provided in order 1, rule 8 are present or not, must be judged on the, allegations in the plaint as framed. in the plaint in this case the plaintiff put the lessor on one side, and all the other co-sharers including him self on the other as commonly aggrieved by ..... view of the moderate number of the co-sharers in these plots, they could not be designated as 'numerous' within the meaning of rule 8 of order 1, civil p. c. it is also urged that at least those of the co-sharers who had attested the deed of lease, and those, who, according to the defendant ..... received portions of the amount of the premium paid by the lessee.4. the plaintiff had brought the suit as a representative suit under order 1, rule 8, civil p. c., taking the necessary permission from the court in that behalf. a number of pleas were taken in defence, but i am concerned only with one, ..... the lessor's conduct in granting the lease. it was a plaint claiming relief for all those co-sharers in common with the plaintiff. i, therefore see no reason to disagree with the view taken by the learned .....

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Sep 19 1950 (HC)

L.D. Meston School Society Vs. Kashi Nath Misra

Court : Allahabad

Decided on : Sep-19-1950

Reported in : AIR1951All558

..... against them. there is no force in this contention.9. a reading of rules 1, 2, 3 and 4 of order 39, civil p. c., shows that the procedure laid down by the code is as follows: when an application is made by a party for the issue of an injunction under rule 1 or rule 2 ..... matter and, if it found that this was so, in fact, it should have had no hesitation in withdrawing its order of 8-7-1950, and in rejecting the plaintiff's applications complaining about the disregard of the order of injunction. as the point has not been disputed before us, we think that we can ..... .14. the court below observed in its judgment that it was not deciding the objections of the appellant which it had filed on 10-7-1950. the procedure adopted by the court below was not justified in the circumstances of the case. when an ex parte injunction is issued against a party, and the party ..... from his position of principal before the suit was instituted on 8-7-1950 and that he was no longer in possession of his office. both in the plaint and in the application for the issue of an order of injunction, as we have already stated, an assumption was made that pt. sita ram chaturvedi ..... was that the defendant be restrained 'from taking over the charge of office from pt. sita ram chaturvedi, principal, satish chandra college, ballia.' in para. 6 of the plaint, he had stated that pt. sita ram chaturvedi was, since the time of his appointment, working as principal of satish chandra college, ballia. the plaintiff, therefore, assumed .....

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Sep 07 1950 (HC)

Mt. Mojibunisa Bibi and ors. Vs. Kadir Bux

Court : Allahabad

Decided on : Sep-07-1950

Reported in : AIR1951All380

..... , this objection has no force. as stated above, the registrar of the small cause court at calcutta rejected the judgment-debtor's objection on abe ground that he had no jurisdiction to entertain it. he, therefore, did not decide it on the merits. further, ..... to order 21, rule 4. under that rule'where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the time being in force from ..... by counsel for the decree-holders. it has been contended that the civil judge had no jurisdiction to entertain the objection of the judgment-debtor when the same objection had been dismissed fey the presidency small cause court at calcutta ..... prayer was made in it for transfer of the decree to a court which had no jurisdiction to execute the decree. this objection was dismissed by the civil judge. on appeal, however, the objection was accepted and the execution application was dismissed as time barred.3. two points have been urged before us ..... it was not the function of the transferee court to question the order of transfer. then the judgment-debtor filed an objection in the court of the civil judge, jaunpur, on 27-7-1945, and the main point taken on his behalf was that the second execution application was barred by limitation because .....

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Dec 21 1950 (HC)

Mt. Chunai Vs. Ram Prasad and ors.

Court : Allahabad

Decided on : Dec-21-1950

Reported in : AIR1951All167

..... and buildings section 213, government of india act remarked:'the fact that a particular interpretation of an act of parliament produces anomalous results is not, however, a decisive reason for rejecting the interpretation, if it is a result of construing the words which parliament has used in their natural and grammatical sense.'the same position was emphasised by their lordships in ..... -1917, only the mortgagee rights had been transferred by sumrekha to baleshwar prasad. the money deposited was, however, not accepted by the mortgagee, and the application was dismissed. in his plaint, the plaintiff had alleged that the mortgage- of 19-9-1917 was only in respect of the mortgagee rights and not of the full proprietary title in the house, though ..... of limitation and the applicability of the appropriate article of the limitation act would depend in the first instance on the nature of the suit and the allegations in the plaint, but the ultimate decision on the point would depend on the facts bund by the court.13. coming to the facts of this case and the findings recorded by the ..... when the amount has either been paid out of the usufruct or the unpaid balance of it has been tendered or deposited in court. order 34, rule 7 of the code also requires that the court, while passing a preliminary decree for redemption, shall direct the mortgagee, if he is in possession, to redeliver the property to the mortgagor.51. in .....

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May 11 1950 (HC)

Radha Kishan Vs. Ram Nagar Co-operative Society Through Anand Behari L ...

Court : Allahabad

Decided on : May-11-1950

Reported in : AIR1951All341

..... issued either against his person or property; the land in respect of which the arrear is due or other immovable property (section 146). the detailed procedure relating to each process has been prescribed (sections 147 to 165). if the land in respect of which the arrear is due or other immovable property ..... intention would appear from the provisions of the following section, namely section 174 of the act. that section lays down that the order of the commissioner rejecting the application under section 173 and confirming the sale shall be final. if the order of the commissioner becomes final, the right, title and interest ..... illegality of the sale proceedings alleged by the objector be negatived, the sale-will remain valid. but the chief and substantial objection upon which the appellants' plaint is based is, that at the time when their 5 annas share of the village shahzadpur anderkilla was sold, there were no arrears of revenue due ..... appeal has arisen, on 13th september 1941 for the following relief:'(a) it be declared that the house detailed below at the foot of the plaint is not liable to sale by the defendant in the course of recovery of his dues from defendant 2 and the house belongs to the plaintiff.' ..... under section 173 has been made, or if such application was made and has been rejected.51. section 175 provides for a bar of claims founded on irregularity or mistake with the exception of suits in the civil courts for the purposes of getting aside the sale on the ground of fraud.52. .....

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Apr 13 1950 (HC)

Mrs. Chandramani Dubey and anr. Vs. Rama Shankar Dubey and ors.

Court : Allahabad

Decided on : Apr-13-1950

Reported in : AIR1951All529

..... not only of marriages both parties to which are christians but also marriages to which only one of the parties is a christian. it lays down the procedure which has to be followed in such cases and i have already held that no ceremonies are required other than those specifically required by the act or, ..... legislature passed on the subject was act v [5] of 1852 but that has no relevancy to the question involved in this appeal since it only provided the procedure and the machinery for carrying out the provisions of 14 and 15 vict. c. 40.37. then came act xxv [25] of 1864 which left the ..... maintainable as alleged in para 16 of the written statement ?(8) were the shares mentioned at items 1 to 7 in list c (a) attached to the plaint exclusive property of defendant 1 ?(9) whether the mortgage consideration advanced by dr. h.s. dubey was intended to be a gift in favour of defendant 1 ..... church of which he is a minister. thus under the act, none of the things which go to constitute a marriage a sacrament, as distinguished from a civil contract, are required to be performed and if both the parties are christians, they need not perform these ceremonies which make marriage a sacrament by getting it ..... , therefore, not only an amending but a consolidating act and is thus intended to pro-vide a code in itself. the enactments which it repeals--14 and 15 vict., c. 40 and act v [5] of 1865 --were similar codes.19. then section 5 provides that marriage in which one or both the parties is, or are .....

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