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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1954 Page 1 of about 14 results (0.041 seconds)

Nov 03 1954 (HC)

Devendar Kumar Bharti Vs. Mahanta Raghuraj Bharti and ors.

Court : Allahabad

Decided on : Nov-03-1954

Reported in : AIR1955All154

..... pauper petition, though in special cases such a concession may perhaps be granted. the normal procedure contemplated by the code is, when the petition is rejected, to leave the petitioner to his remedy under order 33, rule 15, civil p. c.'21. the latest case of the patna high court that has been cited is a decision ..... court-fees so that if the permission is granted, there is nothing more that need be done and the document becomes a plaint. the court, however, may, instead of rejecting the application and putting an end to the proceedings before it, refuse to allow the prayer for exemption from payment of court-fee ..... can the court by a separate and subsequent order allow the appli-cant to pay the requisite court-fee under section 149, civil p. c., and treat the application as a plaint?'the learned judges answered this question in the negative, and if we may say so with respect, we entirely agree with ..... did not differ from their previous decision that an application to sue as a pauper may be deemed to be an unstamped plaint and that the court had power under section 149, civil p. c., to allow the requisite stamp to be paid thereon within the time fixed by it. see the decision of ..... be instituted by a pauper. rule 2 provides that every application for permission to sue as a pauper shall contain the particulars required in regard to plaints, a schedule of any moveable or immove-able properly belonging to the applicant, with tile estimated value thereof and it shall be signed and verified .....

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Sep 22 1954 (HC)

Mst. Latif-un-nissa and ors. Vs. Mst. Khair-un-nissa and anr.

Court : Allahabad

Decided on : Sep-22-1954

Reported in : AIR1955All53

..... the petitioner had been alive the court could have dismissed his application if he was not a pauper, unless the court had given him time under section 149 of the code of civil procedure to pas the court-fees. his legal representatives who are continuing the original petition should not be in a better position and, while they can be granted exemption from ..... civil procedure and dies before the application is allowed or refused under rule 7 of the order, can continue the proceedings in their own right either upon showing that they are themselves paupers or by offering to pay court-fee on the plaint? if the answer be in the affirmative, whether the heirs have to show that the original applicant was also a ..... to permission being granted to sue in 'forma pauperis'. if that relief is refused, the application is completely disposed of and it is not necessary to pass a separate order rejecting the other reliefs as they could only be claimed if the court-fees were paid or were excused;(iii) the petitioner can so long as the application is pending pay ..... paid by the heirs of the deceased petitioner, on the court holding that the legal representatives were also paupers, it is the original application that shall be registered as a plaint and it should date back to the date when the original application was filed. in effect it would mean that the legal representatives are allowed to claim the reliefs claimed .....

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Sep 23 1954 (HC)

Malkhan Vs. Mahar Chand and ors.

Court : Allahabad

Decided on : Sep-23-1954

Reported in : AIR1955All307

malik, c.j.1. this is a civil revision under section 115 of the code. the plaintiff filed a suit for perpetual injunction against the defendants restraining them from interfering in any manner with plaintiff's possession of certain plots detailed in the plaint. the suit was filed in the court of the second civil judge of meerut. the defendants filed a written statement in ..... parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within section 47 or section 144, but shall not include :(a) any adjudication from which an appeal lies as an appeal from an ..... miscellaneous proceedings of varying importance, some being intimately connected with the determination of the matters in controversy between the parties and the progress of the suit. these deal mostly with procedural matters. there may be other 'quasi' independent proceedings which are decided by separate orders and which cannot be said to be mere ..... procedural matters for the final determination of the case.in connection with these miscellaneous proceedings the court has to pass orders and the important ones of such orders are appealable under section 104 and order 43 of the code. section 105 provides that except those orders mentioned in section 104 .....

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Jul 27 1954 (HC)

Gainda Lal Vs. Ram Singh and ors.

Court : Allahabad

Decided on : Jul-27-1954

Reported in : AIR1954All782

..... suits to set aside or to restore an attachment including suits to set aside an order passed under order 21, rule 60, 61 or 62 of the code of civil procedure, according to half of the amount for which attachment was made, or according to half of the value of the property or interest attached.. .. ..'. ..... for the purpose of court-fee, and at rs. 10,000/-, the market value of the house, for purposes of jurisdiction. 2. along with the plaint, the plaintiffs made an application for issue of an 'interim' injunction restraining defendant 1 from executing the said decree against defendant 2 by sale of the house ..... not operate to the prejudice of the decree-holder in any way. 4. before us, it has been contended that the order of the learned civil judge granting the injunction was without jurisdiction as the suit itself was not filed in a court having jurisdiction. it was contended that the valuation of ..... in execution of the decree was stayed. defendant 1 has preferred this appeal. 3. the learned civil judge granting the injunction rejected the argument of defendant 1 that the suit was not properly filed in the civil judge's court but should have been filed before the learned munsif. on the merits, the learned ..... civil judge was of the view that the decree being only for a sum of rs. 406/1/- .....

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Nov 19 1954 (HC)

Devi Prasad Vs. Chairman of the Court of Election Tribunal, Gorakhpur ...

Court : Allahabad

Decided on : Nov-19-1954

Reported in : AIR1956All19

..... election petition shall contain a concise statement of the material facts and it shall be signed by the petitioner and verified in the mannerlaid down in the code of civil procedure for the verification of pleadings. sub-section (2) says that the petition shall be accompanied by a list signed and verified in like manner setting forth ..... determine the rest of the petition. but no such application appears to have been made before the tribunal, and the tribunal in my opinion was justified in rejecting the entire petition when it found that it did not comply with the requirements of sub-section (2) of section 83 of the act. the representation of ..... to be duly verified because the paragraphs of the petition themselves have been verified. the object of directing the verification of the contents of plaints or petitions is that the person should be aware of the fact that he is undertaking a particular responsibility in mentioning the facts in the ..... plaint or, the petition and the object for having the lists verified is also the same. by a mere mention of these lists in the ..... find myself unable to accept this argument either. when lists are attached to a plaint or a petition a mention of these lists has to be made in the body of the petition or plaint and there would rarely be a plaint or petition having lists attached to it in the body of which no mention is .....

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Mar 29 1954 (HC)

Hubraj Singh and ors. Vs. Mst. Rama Dasi Kuer and anr.

Court : Allahabad

Decided on : Mar-29-1954

Reported in : AIR1954All719

..... -4-1947. it is admitted by learned counsel for the appellant that on the date when the suit was filed it was cognizable by the learned civil judge. on 3-6-1947, however, the plaint was rejected as the court-fees paid was insufficient. on 5-7-1947, the plaintiff applied for restoration and was granted time to pay the deficiency up to ..... -- 'bachan singh's case (a)' and held that though the application for restoration may be treated as a fresh plaint yet it was possible for the court to restore the plaint already rejected and extend the time for payment of court-fee under section 149, civil p. c. reliance was placed on the inherent powers of the court under section 151. 7. in -- 'kumaraswamiah ..... is -- 'saratchandra sen v. mrityunjay ray : air1935cal333 , where an order under order 7, rule 11(c) was passed rejecting the plaint. the plaintiff did not file an appeal against that order. the period of limitation expired and then the court acting under section 151, civil p. c., restored the suit to its original number. the learned judges in that case held that the ..... notice is an unreported decision of a bench of this court in -- 'ramnath misir v. deota man misir', civil revn. no. 367 of 1936, d/- 18-8-1937 (all) (b), by sulaiman, c. j. and harries, j. the plaint in that case was rejected under order 7, rule 11 (c) on 13-2-1933. by that date the period or limitation for filing .....

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Feb 22 1954 (HC)

Mohammad Sabir Ali Vs. Tahir Ali and ors.

Court : Allahabad

Decided on : Feb-22-1954

Reported in : AIR1957All94

..... and unrestricted in point of time; and where a gift of the corpus seeks to impose a condition inconsistent with such absolute dominion the condition is rejected as repugnant; but interests limited in point of time can be created in the usufruct of the property, and the dominion over the corpus takes effect ..... his own maintenance, that would not be transferable as property under the transfer of property act nor could it be attachable under the provisions of the civil procedure code. whereas if he had reserved for himself a life-interest, that particular provision would not attract to itself the provisions of section 6, t. p. ..... to the relief of possession of the other property.9. the defendants contested the suit. defendant no. 1 admitted the pedigree set up in the plaint, but alleged that it was incomplete. a fuller pedigree was appended by him to the written statement. he admitted that thakur asghar ali succeeded to ..... reservation is to be made for their maintenance and support not in the restricted sense in which the phrase 'maintenance allowance' is used in section 60, civil p. c. and section 6 of t. p. act put in a larger sense of personal use for all lawful purposes.the same remarks apply ..... as the act itself imports it; and second, that in respect of the matters dealt with by the act it is a self-contained and complete code. in chandra kishore tewari v. sissendi estate , the privy council observed :'the oudh estates act is a special act affecting special class .of persons in .....

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Jan 07 1954 (HC)

Rekh Chand Nop Chand Through Phul Chand Vs. the Governor-general in Co ...

Court : Allahabad

Decided on : Jan-07-1954

Reported in : AIR1954All495

..... 15-4-1947 within the time prescribed by law).'the learned judge has held that it was necessary for the plaintiff to have stated in the plaint that the notice had been delivered to the governor-general in council.reliance is placed by the learned judge on thelanguage of section 80, the ..... lower court held that it was proved that the plaintiff had susered damages to the extent of rs. 304-7-3. notice under section 80, civil p. c. had been sent by registered post to the governor-general in council and the acknowledgment due receipt was filed by the plaintiff. it ..... section is conveyed in a different language the plaint was to be rejected.in -- 'mohammad farooq v. governor-general in council', air 1949 pat 93 (c), imam j., as he then was, observed:'while one must strictly enforce the provisions of section 80 of the code, it seems to me that the question of ..... circumstances there had been a sufficient compliance with the provisions of section 80 of the code.' in -- 'sankunni menon v. south indian railway : air1952mad502 , a learned judge of the madras high court held that though section 80 of the civil p. c. was mandatory it was equally well settled that the court should ..... not be hypercritical in examining the language used but should interpret the same in a free and liberal spirit. it is not denied that notice in accordance'with section 80(b) was given by registered post and the notice was duly served. in the plaint .....

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Oct 12 1954 (HC)

Kalap Nath Singh and anr. Vs. Shyama Nand and ors.

Court : Allahabad

Decided on : Oct-12-1954

Reported in : AIR1955All159

..... order allow the applicant to pay the requisite court-fee under section 149. civil p. c., and treat the application as a plaint.'the facts given in that' judgment are that the application for leave to sue in forma pauperis was rejected on 29-9-1934. on 1-10-1934, an application was made for ..... defendants had raised a plea of'limitation, an application along with an affidavit was filed that a request was made before the pauper application had been rejected but the court asked the petitioner to make a written application. the application and the affidavit show that by that time the plaintiffs were fully ..... to grant time under section 149, as there was no document before the court to which section 149 of the code could apply. the learned judges also considered the question, whether at the time of rejecting the pauper application the court could grant time to pay the court-fee. sulaiman, c. j., and bennet, ..... the court has once lost seisin of the case and the document is no longer before it the court cannot exercise jurisdiction under section 149 of the code and grant time. we, therefore, hold that the lower court, after having finally disposed of the pauper application on 13-11-1943, had no jurisdiction ..... chunna mal's case (a)'; 'latifunnissa v. mst. khairunnissa : air1955all53 .3. there can be no doubt that an order under section 149 of the code can only be passed when there is a document still before the court, and once the court has lost seisin of the case and there is no document before .....

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Mar 15 1954 (HC)

Debi Sahai Vs. Ganga Sahai and anr.

Court : Allahabad

Decided on : Mar-15-1954

Reported in : AIR1954All749

..... valuation of the tree was rs. 110/- and an amendment may be made accordingly in the plaint. this application was contested by the defendant-appellant, and it was rejected by the munsif. after the rejection of the application, the plaint was bound to be returned to the plaintiffs for presentation to the proper court, and it ..... the appeal that might have been presented against the order directing the return of the plaint to the proper court, the appellate court was not bound to interfere with the order rejecting the application for amendment.6. after the plaint had been returned to the plaintiffs there is no rule of law preventing them from ..... in the same court which was bound to entertain it, as ex hypothesi the suit would have become one which the civil court was competent to decide.'7. the plaint, as amended by them outside the court, could be presented to the court which would have taken cognizance of the ..... within the jurisdiction of the munsif. in -- 'deoki nandan v. ram chandra : air1938all17 --it was observed: 'assuming that the plaint, as originally filed, disclosed a suit not cognizable by the civil court, and assuming also that the amendment would have made it cognizable by such a court, it was open to the plaintiff to ..... the plaint as it was presented. it was wholly immaterial that when the suit was tried the value of the tree was found to be rs. 80/- and the suit was decreed for rs. 80/- only.10. there is no force in this appeal. it is dismissed under order 41, rule 11, civil p .....

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