Skip to content


Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1951 Page 1 of about 12 results (0.026 seconds)

Mar 19 1951 (HC)

Bhikham Vs. Natha

Court : Allahabad

Decided on : Mar-19-1951

Reported in : AIR1952All188

..... , since the order for sale had been passed before the issue of the notification, it had power to sell. on appeal the chief court rejected this contention and held that, after the issue of the notification the civil court had no jurisdiction to continue the execution proceedings pending. 9. the present case is exactly similar. by an amendment of the law, the ..... in which the amendment deprived a party of his right to sue altogether. they held that such a change could not affect pending suite. that was not a change of procedure but the negation of a vested right to obtain relief which had already been put into motion by the institution of a suit. 11. in abdul haq v. pateshwari prasad ..... appeal is allowed, the decrees of both the courts below are set aside and the case is remanded to the trial court with the direction that it shall return the plaint to the plaintiff for presentation to the proper court. the defendant appellant is entitled to his costs of this appeal and of both the courts below from the plaintiff. ..... of the nature which it was trying. obviously, in such a case, no question arose of the return of the plaint to the proper court because the civil court was itself the proper court. 12. it must, therefore, be held that the civil court had no jurisdiction to proceed, with the trial of this case after the legislature had amended section 180, u .....

Tag this Judgment!

Feb 28 1951 (HC)

Ajai Verma Vs. Ram Bharosey Lal and ors.

Court : Allahabad

Decided on : Feb-28-1951

Reported in : AIR1951All794

..... suit a share in the property basing their claim upon family custom. it was then held that the suit was barred by res judicata under the code of civil procedure of 1908, section 11, explanation 4. it was also held that the subordinate judge, having dismissed the suit, had no power to give liberty ..... upon which this court in that suit made its decree dismissing the suit'. they then address themselves to the solution of that problem. they begin by rejecting the only part of the former judgment which is absolutely clear, and they express their opinion that 'the only possible construction of that judgment which ..... vijai verma could set up their paramount title to the mortgaged properties in the mortgage suits and whether their claim in this respect was allowed or rejected. all that he was concerned with is that the appellant is now in possession of the properties which were declared under the decrees to be liable ..... not know of the death of raja uma nath baksh singh for such a long time. the application for the setting aside of the abatement must be rejected and the appeal must stand abated as against respondent 7.50. ram bharosey lal' respondent 1, was claimant set no. 32 before the learned special ..... seeking the relief of possession. he applied for permission to amend the plaint further by taking the plea, that there existed a custom in his family according to which he and g were equal in degree from r. that application was rejected. it was conceded that he could not succeed as against g in .....

Tag this Judgment!

Feb 13 1951 (HC)

Ram Chandra Vs. the District Magistrate of Aligarh and ors.

Court : Allahabad

Decided on : Feb-13-1951

Reported in : AIR1952All520

..... courts enjoy. in the district he has to perform duties assigned to him by the code of criminal procedure, by various enactments and by departments of state. the fact that he is shown in the u. p. civil list as a person acting under the general administrative department only means that he is ..... is the collector of the district and he is also the district officer, and in this capacity he performs many duties which are not covered by the code of criminal procedure (see the observations of mcnair j. in chaudhary' bejoy krishna v. shyam narain a. i. r. (20) 1940 gal. 30 at p. ..... appoint in every district outside presidency towns a magistrate of the first class who shall be called the district magistrate. the code of criminal procedure imposes upon the district magistrate many duties and responsibilities and invests him with many powers. in addition to the powers that he possesses under the ..... allow the appeal, set aside the decree of the trial court and direct the issue of an injunction in terms of the prayer embodied in the plaint. bind basni prasad, j. 21. i agree with the conclusion reached by my learned brother. i agree with everything that has fallen from him ..... in peace time, a member of the cabinet, he is assisted by a junior minister or a parliamentary secretary. the permanent secretary is the senior civil servant in the department. under him are one or more deputy secretaries and a hierarchy of administrative officers graded as principal assistant secretaries, assistant secretaries, .....

Tag this Judgment!

Dec 21 1951 (HC)

Ram Kumar Ram Chandra Vs. the Dominion of India

Court : Allahabad

Decided on : Dec-21-1951

Reported in : AIR1952All695

..... against a firm a suit instituted in the manner laid down in rule 1 of order 30 will be a suit by the firm. appendix a to the code of civil procedure which refers to pleadings gives some model titles of suits of different kinds and the title of a suit by a firm is given as 'a. b., ..... stated above, it must be held that the suit was properly instituted and was not hit by section 69(2) of the partnership act and it was wrongly rejected on that ground by the trial court. in our opinion, therefore, this revision ought to be allowed, the decision of the court below set aside and the ..... r. nagpal manager and partner general attorney.' the suit was for price of coal supplied to the defendant. the defence was that it was not shown in the plaint that the plaintiff's firm was registered as a firm, nor had n. r. nagpal any right to sue. it was further contended that the suit was not ..... firm is to be described as 'a, b , a firm carrying on business in partnership at .....'8. in the present case the firm was so described in the plaint, but the words 'through ram! kumar adult son of sarjoo prasad caste vaish residing at naya ganj, kanpur, partner of the firm' were added. in law this ..... which were made over to the administration of the g. i. p. railway for transmission from wadi bunder to kanpur. in the title of the suit in the plaint the applicant had described himself thus : 'messrs. ram kumar ram chandra through ram kumar adult son of sarjoo prasad caste vaisb residing at naya ganj kanpur, partner of .....

Tag this Judgment!

Feb 13 1951 (HC)

Maharaj Bali and anr. Vs. Mt. Tirath Dei and ors.

Court : Allahabad

Decided on : Feb-13-1951

Reported in : AIR1952All608

..... , against the mortgagor-appellants. the learned judges held that the applicants not having stated the whole of their assets, their application was liable to be rejected on that ground. it was suggested to the learned judges in the course of the arguments on behalf of the applicants that the case might be ..... contain a schedule of the moveable or immoveable property belonging to the applicant, with the estimated value thereof. by rule 5 it isprovided that the court shall reject the application for permission to sue as a pauper where it is not framed & presented in the manner prescribed by rules 2 & 3. the language ..... had omitted to mention a few boxes & chaukis. upon this statement of the wife the subordinate judge rejected the application as being not in accordance with the provision of rule 2 of order xxxiii of the civil p. c. the learned judge held upon the facts & circumstances of the case that there was nothing ..... as reversioners to the property of one sheo dayal upon the death of his daughter ganesha in 1932. the case put forward in the plaint ..... 1. this revision application under section 115, civil p. c. is directed against an order of the civil judge of gonda dated 6-12-1914, rejecting the application of the applicants for leave to sue in forma pauperis.2. it appears that the applicants claimed title to succeed .....

Tag this Judgment!

Oct 29 1951 (HC)

Keshodass Wadhumal Advani Vs. Syed Murtaza Ali Khan

Court : Allahabad

Decided on : Oct-29-1951

Reported in : AIR1952All318

..... paying rs. 990 in advance had submitted to the extortionate demand of the opposite party. this ground was accepted by the trial court; and it was not rejected by the learned single judge.24. the third ground put forward on behalf of the applicant was that the opposite party was guilty of misrepresentation and fraud, ..... rs. 300 per annum but on an appeal by the defendant it was reduced to rs. 180 per annum.'4. the allegations of the applicant in the plaint were denied by the opposite-party, who contended that the house was constructed in 1947 and completed in april 1947: that the applicant instead of occupying the ..... to authorities in order to carry conviction.....'12. in the second case, it was held that in order to attract the operation of order 47, rule 1, civil p. c., the error must be one which is blatant and obvious and which does not require any elaborate discussion for its establishment.13. the proposition of ..... is other sufficient cause for review.10. the expression 'mistake or error apparent on the face of the record' used in rule 1 of order 47, civil p. c., obviously means that the alleged mistake or error must appear upon the face of the record and it should not be necessary to enter into ..... , or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him. (vide rule 1 of order 47, civil p. c.) this being a case of a person, who considers himself aggrieved by a decree from which no appeal is allowed, the applicant desires to obtain .....

Tag this Judgment!

Aug 21 1951 (HC)

Firm Asharfi Lal Ramdeo and ors. Vs. Firm Ganeshi Ram Jagarnath and an ...

Court : Allahabad

Decided on : Aug-21-1951

Reported in : AIR1952All546

..... 30-6-1942, during which period, according to the plaint allegations, goods worth rs. 3,650-9-0 were supplied by the plaintiff to the defendants while the latter had paid in cash and goods rs. 2185-0 ..... that after deducting the last payment the net amount due to the plaintiffs from the defendants was rs. 205-10-0 for which the suit was instituted. the plaint of the suit filed in the court of the munsif, however, shows that it related to dealings between the parties between the period 21-4-1941, and ..... finally decided by such court.'it is not possible to hold that the matter directly and substantially in issue in the two suits was the same. in the plaint of the suit filed in the court of small causes the plaintiffs had alleged that there was an accounting on 6-6-1942, and as a result ..... of the trial court, in so far that the suit was dismissed under section 10 of the code and not in terms of the award.4. learned counsel for the appellants has challenged the view of the learned civil judge that the decision in the small cause court's suit operates as res judicata as far as ..... of the judge, small cause court, had been rejected and the award was upheld by this court was not brought to the notice of the civil judge. the appeal was, therefore, ordered to be re-heard by the civil judge hearing in mind the above-mentioned fact.3. the learned civil judge re-heard the appeal, but he again .....

Tag this Judgment!

Sep 27 1951 (HC)

Lakshmi NaraIn Vs. Ram Babu and anr.

Court : Allahabad

Decided on : Sep-27-1951

Reported in : AIR1953All9

..... upon to make a statement according to his knowledge or belief. in the case of an arbitration as the arbitrator's award is an expression of an opinion and his procedure resembles that of court, a party is entitled to file objections and challenge the validity of the award. the making of a statement by a referee or a third person ..... -mussoorie electric tramway co. ltd. , it was pointed out that the word 'suit' ordinarily means, and apart from some context must be taken to mean, a civil proceeding instituted by the presentation of a plaint.learned counsel for the appellant informed me that the question, whether an appellate court has the power to make a reference to arbitration in respect of the ..... defects the award was vitiated; and, in the end, it was pointed out in para. 16 that under the circumstances the application for filing the award was liable to be rejected. lakshmi narain had prayed for the award being made a rule of the court, and the court found that a portion of the award was illegal; and in the result ..... of the court and matters without the jurisdiction of the court; between the parties to the suit and between them and other persons; under the code provided by the indian arbitration act and under the code by the second schedule; under the superintendence and control of the judge who has seisin of the suit and of the judge disposing of business under .....

Tag this Judgment!

Aug 03 1951 (HC)

Sri Babu Lal Vs. B. Ganga Saran

Court : Allahabad

Decided on : Aug-03-1951

Reported in : AIR1952All48

..... provided it was allotted to him by the proper authority. the defendant did not agree to these suggestions and on his objections the rent control officer rejected the application. the second application was made by the plaintiff on a different ground. he alleged that the improve, ment trust had directed him to ..... rebuild the shop in accordance with a rebuilding scheme. the district magistrate rejected this application on the ground that the improvement trust had not by that time required the plaintiff to rebuild the shop. this was passed on 8 ..... the written statement. this plea was, however, raised later on and the munsif allowed evidence to be recorded in respect of it.2. the munsif rejected the defendant's pleas and decreed the suit. the lower appellate court has confirmed that decree.3. in this second appeal three points have been urged ..... had simply stated that the receipt of the notice was admitted. he made no allegation that the two dates mentioned by the plaintiff in his plaint were wrong. the original notice served on the defendant was with him and he did not choose to produce it. the plaintiff produced a paper ..... that he is debarred from the principle of res judicata in allowing a subsequent application. the principle of res judicata as embodied in section 11, civil p. c. is a principle which primarily applies to suits but it has also been applied to proceedings other than suits. at the same time .....

Tag this Judgment!

Jan 10 1951 (HC)

Abdul Ghafoor Vs. Abdul Rahman

Court : Allahabad

Decided on : Jan-10-1951

Reported in : AIR1951All845

..... bench referred to the instances of defect of form cited in watson's case, namely, misjoinder of parties or of the matters in suit, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject-matter of the suit, and said that ..... formal nature. it seems reasonably clear, therefore, that on general principles and in deference to the well established and universally recognised rules underlying the procedural law, a general unrestricted jurisdiction to sanction the institution by the same plaintiff against the same defendant of a fresh suit on the same ..... to institute a fresh suit. the reasons which necessitated the withdrawal were stated to be : (1) that there was a formal defect in the plaint inasmuch as the plaintiff inadvertently failed to plead that section 24, regulation of agricultural credits act (xiv [14] of 1940) operated to render the gift ..... invalid, and (2) that he omitted to pray alternatively for possession.4. the learned civil judge did not consider the first ground on merits presumably because he thought that the omission to set up section 24, regulation of agricultural credits act ..... has chosen to preface those words by the word 'other' and (2) that the separation of the second clause from the first indicates that the code contemplates two wholly distinct and unconnected circumstances.14. the most important amongst them may be examined. in kannuswami pillai v. jagathambal, 41 mad. 701, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //