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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1955 Page 1 of about 16 results (0.029 seconds)

Mar 16 1955 (HC)

B. Lachhmi Das and ors. Vs. Panchmurti Shivalinga

Court : Allahabad

Decided on : Mar-16-1955

Reported in : AIR1955All635

..... were referred to the full bench: '(1) whether while rejecting the application for permission to sue as a pauper the court can under s, 149, civil p. c. allow the applicant to pay the requisite 'court-fee and treat the application as a plaint? (2) whether after rejecting the application for permission to sue as a pauper, can ..... to sue in 'forma pauperis' was still pending or at the time of refusing to grant leave, the court could grant time under section 149 of the code to pay the court-fees. 19. we are, therefore, of opinion that the order of 16-3-1946 does not amount to an order refusing to allow ..... the court-fee, but you can claim the other reliefs if you pay the court-fee within the time allowed to you under section 149. of the code.' again, at the same page he observes when considering an alternative view about the nature of the document containing the prayer for permission to sue as a ..... the same conclusion. at p. 155 he said: 'but where an application is still pending and at that stage the court grants time under section 149 of the code, rule-15 cannot be made applicable.' he formulated the question for consideration thus at the same page: - 'the question, therefore, that arises for consideration is whether ..... the time of refusing to grant leave, the court could grant time under section 149 of the code to pay the court-fees and if the court-fees were paid within the time allowed by the court, the plaint could be deemed, to have been filed on the date on which the application for leave .....

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Jan 06 1955 (HC)

Ramrichpal Singh Vs. Dayanand Sarup Minor Through Bhagwat Sarup

Court : Allahabad

Decided on : Jan-06-1955

Reported in : AIR1955All309

..... the question as to the court, which had jurisdiction to try the suit, depended on the interpretation of clause (c) of section 20 of the code of civil procedure which, as i have mentioned above, regulates the right of a plaintiff to institute a suit and does not place any limitation on the power of ..... in suits for rent for certain other periods prior to the period now in dispute did not justify the grant of stay under section 10 of the code and rejected the application. against that order dated 10-7-1948, this revision was filed.4. there were two suits filed in the trialcourt for two different ..... was framed and that issue was decided, makes any difference. to my mind, it would not. order 7, rule 1 of the code sets out the particulars which a plaint should contain. apart from the facts constituting the cause of action and when it arose, the plaintiff has to show that the court has ..... in 'forma pauperis' is a proceeding antecedent to the suit, because the suit comes into existence when the application is granted and is treated as a plaint and the court-fee is paid thereon. an application for leave to sue a defendant falls under the same category. the decision on such an application ..... ' is wider than a suit yet it can only mean a suit or a similar proceeding which is started by an application in the nature of a plaint; for example, testamentary proceedings, matrimonial proceedings, guardianship proceedings, proceedings under the company law was held in some cases that in a suit it .....

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Nov 11 1955 (HC)

Raj Behari Lal and ors. Vs. Dr. Mahabir Prasad and ors.

Court : Allahabad

Decided on : Nov-11-1955

Reported in : AIR1956All310

..... passed by that court or at any rate does not continue for the purpose of an appeal.' 24. section 582 occurs in chapter xli of the code of civil procedure of 1882. it is headed 'appeals from original decrees' and while dealing with the powers of the appellate court it says that 'in chapter xxi, ..... lis. the earliest case which is relevant is 14 all 85 (a). that was not a case of the appointment of a guardian under the code of civil procedure, but was a case arising out of guardians and wards act proceedings and the question arose as to who was the proper person in the appeal ..... for the term of the proceeding in that court, but also for purposes of appeal gave out the following reasoning : 'chapter xxxi of the code of civil procedure, which is the chapter relating to the appointment of guardian 'ad litem' and next friend, is not one of the chapters mentioned in section 582 ..... under age and this was admitted by the plaintiff. upon this the court rejected the plaint. in appeal their lordships held that the order rejecting the plaint was erroneous and remarked that 'a case of this nature is not expressly provided for in the procedure code, but there are decided cases which show that in a case of this ..... jurisdiction. 11. the question arises how a minor is to file an appeal and how an appeal is to be filed against a minor. the code of civil procedure does not contain any express provision dealing with the question. yet there must be some law; neither can a minor be allowed to prosecute an appeal .....

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Jan 27 1955 (HC)

Hiralal Patni Vs. Sri Kali Nath

Court : Allahabad

Decided on : Jan-27-1955

Reported in : AIR1955All569

..... inherent jurisdiction of the court but are mere matters of procedure and can be waived.13. in clarke v. knowles, 1918-1 kb 128 at p. 134 (e) lush j. while dealing with section 74 ..... -valuation of the subject-matter of the dispute, but if there is no under-valuation or over-valuation and if on the valuation given in the plaint itself, the suit wasnot entertainable by a particular court, and thecourt renders judgment by assuming jurisdiction, the judgment rendered by it will be treated as ..... limiting the territorial jurisdiction of courts to property situate within their territorial limits be validly waived by submission?'and is the rule embodied in section 21, civil p. c., limited to appeals and revisions in the same suit or does it also apply to separate suits and to execution proceedings in the same ..... venkatrao', air 1918 pc 188 (d).but when the matter is between the same parties, the principle underlying sections 11, suits valuation act and 21, civil p. c. has been applied to execution and collateral proceedings as well, on the ground that these objections are technical and are not defects in the ..... there was a consequent failure of justice.after, pointing out these provisions, venkatarama ayyar j. in the above case observed that the policy underlying sections 21, civil p. c. and 11, suits valuation act is the same, namely, that when a case had been tried by a court on the merits and .....

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Apr 25 1955 (HC)

Hira Lal Vs. B. Firangi Lal and anr.

Court : Allahabad

Decided on : Apr-25-1955

Reported in : AIR1955All562

..... tea co. v. gopalpur tea co. ltd.', 63 cal 1008 (i), a division bench of calcutta high court held that order 41 rule 33 of the code of civil procedure empowers the appellate court to pass a decree for perpetual injunction in favour of the plaintiff in spite of his prayer for the same being refused by the ..... amount (of rs. 160/-) a month which the lower court had by its order of 8-3-1927 decreed in favour of the wife.17. while rejecting this plea their lordships observed:'there was here no reason why the wife should appeal from the order which the district judge had made; there was every reason ..... not open to the lower appellate court to grant relief (a) which was a broader relief than the relief granted by the trial court. this plea was rejected by the learned single judge, on the ground that the lower appellate court had ample powers to grant that relief under the provisions of order 41, rule ..... passed.'5. the suit was contested by the defendants on a number of grounds. the trial court rejected the pleas taken in defence and decreed the plaintiff's suit in terms of relief b only claimed in the plaint. the plaintiffs did not file any appeal against the decree of the trial court but submitted to ..... the decree of the trial court by decreeing the plaintiff's suit by granting the plaintiff a decree in terms of the relief (a) claimed in the plaint instead of relief (b).7. thereupon, the aforesaid defendant filed a second appeal to this court and one of the points urged before the learned single .....

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Nov 22 1955 (HC)

Thakur Rudra Pratap Singh Vs. Thakur Mirtunjay Pratap Singh and ors.

Court : Allahabad

Decided on : Nov-22-1955

Reported in : AIR1957All28

..... may be made to a madras decision in--'krishnaswami v. counsel, etc. of india' : air1953mad79 . in the end it may be mentioned that there is no provision in the code of civil procedure similar to that contained in article 132 of the constitution. since the constitution is supreme, the right of appeal conferred by article 133 cannot be abridged or abrogated by any ..... vested in it; that the court refused amendemnt on the ground that on merits there was no justification; that the court did not act illegally or with material irregularity in rejecting the application for amendment, and that consequently the order was not re-visable by the high court.9. under the present application the certificate under article 133 of the constitution ..... lot no. 2. the court on 17-2-1930, passed the final decree in the following words :'the plaintiffs' share in the zamindari properties described in list 1 of the plaint is two-third and that the plaintiffs will be at liberty to get their two-third share in these properties partitioned by metes and bounds. out of the rest of ..... one-third share and plaintiff 3 was entitled to another one-third share, and the defendants were entitled to the remaining one-third share; that the lists attached to the plaint should be amended in the light of the joint statement of the counsel for the parties and the individual statements on special oath, and that the property included in the .....

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Oct 12 1955 (HC)

Ram Sahai and anr. Vs. Ram Sewak

Court : Allahabad

Decided on : Oct-12-1955

Reported in : AIR1956All321

..... an appeal did not lie on two the first place, it was of opinion that the right of appeal which was given by the code of civil procedure (by which the circuit court was created and which defined and limited its jurisdiction) did not extend to an appeal from a judgment under the ..... had been given'.10. i now turn to the argument founded on the right of appeal which the applicant acquired on the date upon which the plaint was filed, that is to say, on 7-7-1949. the right which on that late vested in the applicant was a right to the ..... than rs. 20,000.4. i will consider later the argument founded on the right which the applicant undoubtedly acquired on the date upon which the plaint was filed of appeal to the privy council; i think it convenient to consider first the relevant provisions of the constitution. they are articles 133 and ..... not fulfilled involves, i think, construing that article as being limited in its application to appeals from judgments, decrees and final orders delivered or made in a civil proceeding instituted after the commencement of the constitution; the supreme court has however held otherwise: -- 'nathoo lal v. durga prasad : [1955]1scr51 .in that ..... in my opinion the 'matter' to which article 133 applies is the appellate jurisdiction of the supreme court in appeals from high courts in regard to civil matters, and does not include the requirements or conditions with regard to which the court must be satisfied before it issues a certificate. i respectfully agree .....

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Feb 08 1955 (HC)

State of Uttar Pradesh Vs. Christopher Tobit and ors.

Court : Allahabad

Decided on : Feb-08-1955

Reported in : AIR1955All273; 1955CriLJ1213

..... of section 419 and shed further light on its meaning. further it cannot be ignored that the sections in question in the criminal and civil procedure codes relate to presentation, rejection or admission of memorandum of appeals by courts of law and in the very process of effectuating this purpose, the relevant provisions of the ..... interpreting the words 'a copy' occurring in section 419, criminal p. c., but the same words occurring in order 41, rule 1 of the code of civil procedure have been interpreted in air 1929 lah 771 (g), to mean a certified copy. in that case a privately prepared copy of a judgment was filed ..... required for obtaining it. how an appeal should be filed and what documents are to accompany a memorandum of appeal are matters of procedure to be found in the code of civil procedure and not in the limitation act. 45. a certified copy is a creation of the evidence act. secondary evidence may be ..... ali khan v. mahfooz ali khan', air 1929 lah 771 (g) a bench of the lahore high court held that under the corresponding provisions of the code of civil procedure i.e. order 41, rule 1 and order 42 the word 'copy' means copy duly certified under the provisions of the evidence act and thus rendered ..... of previous convictions. 43. the word 'copy' is used in several provisions of the code of civil procedure also' under 'order 7, rule 17 a copy of an entry in the account-book is to be filed with a plaint and it is for the court to examine and compare it 'with the original. obviously, .....

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Feb 10 1955 (HC)

State Vs. Sm. Tugla

Court : Allahabad

Decided on : Feb-10-1955

Reported in : AIR1955All423; 1955CriLJ1111

..... more need be done to publish it. 12. an order under section 145(6) is not capable of execution. the code of civil procedure provides for execution of injunctions, but the code of criminal procedure does not provide for execution of an order under section 145(6). a disobedience of the order can be punished only under ..... has never been doubted so far. such orders are issued very frequently and their disobedience cannot be said to be rare. the code of criminal procedure and the indian penal code have been in force for more than fifty years. if in all this period of fifty years, it has never been contended ..... no hesitation in allowing the appeal but in view of the findings on the questionsdiscussed above i am of the opinion that this appeal should be rejected. by the court: 37. since there is a difference between us, let this case be laid before the hon'ble the chiefjustice for obtaining a ..... on an authority or public servant to promulgate such an order. by examining the provisions of section 144 and a few other sections in the criminal procedure code under which the magis-tiates are empowered to pass certain orders it would appear that there are specific provisions in those sections by which a magistrate ..... or deliver possession of it to sob nath. it appears that the respondent in her plaint claimed that she was in possession of the house and wanted her possession to be maintained so the order of the civil court that status quo should be maintained meant nothing but that she should be left .....

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Jan 07 1955 (HC)

Swami Shantanand Sarswati Vs. Advocate-general, U.P., Allahabad and or ...

Court : Allahabad

Decided on : Jan-07-1955

Reported in : AIR1955All372

..... issue a writ only if the order be void.3. in this appeal it has been urged that the reason given by the learned single judge for rejecting the petition of the appellant was not sound in law. as we have, on hearing counsel, come to the conclusion that even on the merits, there ..... by means of evidence adduced by the parties to the dispute.9. as we have pointed out above, section 92, or any other provision, of the civil procedure code does not require the advocate-general to hold any enquiry or to give an opportunity to the party to be affected of being heard. the rules framed ..... upon which the advocate general based his opinion have not been placed before us by the appellant. even a copy of the draft of the proposed plaint has not been supplied to us. nor are we aware what other materials the advocate general had before him when he gave his consent to the institution ..... . 17 of the manual. rule 386 requires that an application for permission under section 92 shall be accompanied by a copy of the draft of the plaint proposed to be filed in court. the applicants are also required to state how they have an interest in the trust.rule 387 requires that when the ..... sanction of the advocate general.the section does not lay down the procedure to be followed by the advocate-general in giving his consent. part x, civil p. c. containing sections 121 to 131 authorises the framing of rules for various matters under the civil procedure code. section 128 lays down in detail the matters for which rules may .....

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