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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1957 Page 1 of about 18 results (0.025 seconds)

Sep 02 1957 (HC)

Smt. Kalawati Devi Vs. Chandra Prakash and ors.

Court : Allahabad

Decided on : Sep-02-1957

Reported in : AIR1959All37

..... (l). the provisions of present order 7, rule 11, c. p. c. correspond to section 54 of the code of civil procedure of 1882.section 53 of that code provided for the rejection of the plaint in case it is not ordered to be amended or not amended and provided that such action could be taken before the ..... first hearing of the suit. there was no such restriction under section 54 and it was held that the plaint could be rejected ..... . when a pauper plaintiff dies and a legal representative is brought on the record in accordance with the provisions of order 22, rule 3 of the code of civil procedure, there arises no occa-sion to demand the court-fee. the rule is :'3. (1) where one of two or more plaintiffs dies and ..... court contending that she should have been allowed, as legal representative, to continue the suit as provided under order 33 rule 8 of the code of civil procedure, that she could not be ordered to pay court-fee when there was no application by the defendant or the government pleader under order 33 ..... the plaint in the suit before she could continue the suit as a legal representative of ganga prasad. i may mention at this stage that the first ground in the application for revision indicating that she wanted to continue the suit in terms of order 33, rule 8 of the code of civil procedure may .....

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Mar 14 1957 (HC)

Sita Ram Sahu and ors. Vs. Kedarnath Sahu

Court : Allahabad

Decided on : Mar-14-1957

Reported in : AIR1957All825

..... doubt true that the calcutta high court in some cases has taken the view that a court had no jurisdiction under section 151 to restore a plaint which had been rejected under order 7, rule 11, civil p. c. we do not consider it desirable to enter into the question whether the view taken by the calcutta high court was the right view ..... had made its order refusing to do so on 26-9-1950. 5. it has been held in this court that an order of rejection of a plaint can be set aside under the provisions of section 151, civil p. c. this has been so held by allsop j., in anant prasad singh v. chaunnu tewari : air1939all452 . allsop j. for his view relied ..... mukerji, j. 1. this is an application in revision against an order of the learned .civil judge granting time to the plaintiff to make good the deficiency in court-fees after the plaint had been rejected under order 7, rule 11 (c) of the code of civil procedureon the ground that the plaint had been insufficiently stamped. 2. it is necessary to state a few dates in ..... -fees was due to that fact. on 25-8-1950, a formal order of rejection in respect of the plaint was made under order 7, rule 11 (c) of the code. subsequently, the plaintiff made an application for reviewing the order of rejection of the plaint. that application for review was also rejected on 28-9-1950. subsequently, on 31-10-1950 the plaintiff made an .....

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Jan 25 1957 (HC)

District Board Vs. the Upper India Sugar Mills Ltd.

Court : Allahabad

Decided on : Jan-25-1957

Reported in : AIR1957All527

..... court moves can perhaps be visualised more clearly if it is contrasted with the strictly limited scope of the other two remedies envisaged in the code of civil procedure, namely, review and revision. in the case of review the court's powers are very restricted. the grounds of review are circumscribed within ..... the respondents or parties, although such respondents or parties may not have filed any appeal or objection.'(provision not relevant.)the provisions of the code of civil procedure also indicate that the appellate court has power to frame issues, to admit additional evidence in certain cases and to do other acts which ..... withdrawal of a suit or abandonment of a part of the claim. it has also the power to record a compromise, to return a plaint for presentation to proper court, to strike out or amend any matter in pleadings which is unnecessary or scandalous, and expunge remarks from the ..... on the 18th of august, 1945, the plaintiff filed the present suit for declaration and injunction.the case of the plaintiff as set out in the plaint, was that in order to implement the provisions of section 142 of the government of india act, the central legislature had passed the professions tax ..... relate to an interlocutory order refusing to frame an issue, or rejecting a prayer to admit additional evidence, or to amend the plaint, or to implead a party or to adjourn the case and so on. section 105(1) c. p. code bars appeals from orders unless expressly provided otherwise, and lays down that .....

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Sep 25 1957 (HC)

J.K. Jute Mills Co. Ltd. Vs. Firm Birdhichand Sumermal

Court : Allahabad

Decided on : Sep-25-1957

Reported in : AIR1958All176

..... would, therefore, dismiss it.agarwala, j.22. this is a revision application under section 115 of the code of civil procedure against an order of the first civil judge, kanpur, dated 2nd june 1955, rejecting an objection of the applicant to the execution of the decree against him personally and allowing leave to the decree ..... the objections taken by the applicant seth gambhir mal pandiya to the decree-holder's application under order 21, rule 50 (2) of the code of civil procedure.seth gambhir mal pandiya's contention really amounted to his saying that the decree-holder could not execute his decree against him because he could ..... decree.discussing this question das, j., pointed out that the suit was against a firm and was, thereiore, governed by order xxx of the code of civil procedure, and that there was good service upon the defendant firm. it was iurther pointed out by das, j., that once the provisions of order ..... to execute the- decree against the applicant personally and made an application to the court below under order 21, rule 50(2) of the code of civil procedure alleging that the applicant was a partner of the firm and was therefore liable under the decree.25. the applicant appeared in response to the ..... was a settlement in the suit and by the terms of the settlement the defendant firm consented to a decree for the amount claimed in the plaint with costs and interest at 6 per cent.the decretal amount was to be paid in certain instalments covering a period ending with december 31, .....

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Feb 11 1957 (HC)

Kanahia Lal Vs. Ram Kishan and anr.

Court : Allahabad

Decided on : Feb-11-1957

Reported in : AIR1957All339

..... paid by the plaintiffs on the plaint is sufficient. the learned counsel for the applicant has not been able to cite any case of this court in which it has been held that such a decision amounts to a case decided within the meaning of the term as used in section 115 of the code of civil procedure. on the other hand, a full ..... to be revisable under section 115, c. p. c.12. in no view of the case, therefore, can thisapplication in revision be held to be maintainable.it must therefore, be rejected and it is accordinglyrejected with costs.

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Nov 29 1957 (HC)

Buddha and ors. Vs. Balwanta and anr.

Court : Allahabad

Decided on : Nov-29-1957

Reported in : AIR1958All699

..... us in second appeal to examine the evidence of these witnesses and to find out for us their probative value. read with section 101 of the code of civil procedure, section 100 expressly bars second appeals on questions; of fact.but although no second appeal can be preferred on questions of facts, when such an ..... took possession of these houses by serving there as sweepers to the detriment of the plaintiff's rights.the cause of action as alleged in the plaint arose in the year 1944 when such unlawful possession had been taken by the defendants and the plaintiff's possession had been interfered with.2. the ..... any house had been produced. the judgment of suit no. 149 of 1938 indicates that it related to a birt specified in schedule 'a' annexed to the plaint and it was contended that this birt, belonged originally to three persons, viz., chhidda, chunni, and murli who were members of a joint hindu family, ..... , the suit having been filed by the present plaintiff against defendants nos. 5, 6 and 7 for possession over birt rights.it was contended in the plaint that after the decision in that earlier suit, defendants nos. 1 to 4 had been drafted from a different locality to fatehabad by defendants nos. 5, ..... were and it is manifest that they are not men of very young age so as to merit a complete rejection of their testimony.14. the criticism of these witnesses by the learned additional civil judge when he heard the appeal has been couched in his judgment in the following words:'the statements of .....

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Jan 11 1957 (HC)

Manmohan Das and ors. Vs. BahauddIn and ors.

Court : Allahabad

Decided on : Jan-11-1957

Reported in : AIR1957All575

..... for article 131 to be applicable is missing.this argument was advanced on the basis of the language of section 3, limitation act, and of rule 6 of order vii. code of civil procedure. under section 3, limitation act, every suit instituted after the period of limitation prescribed therefor by the first schedule of the act has to be dismissed, although, limitation may ..... civil procedure as follows:'it is no part of the pleading to anticipate the opponent's pleading and to state facts in answer thereto. in other words, a party should not plead to facts which have not become material at the stage of filing his pleading.'at the time the plaint was drafted by the plaintiffs the plaintiffs did not know that the ..... a certificate under section 6 of the pensions act from the government before he could bring a suit for a share of his allowance against the defendant.the government twice rejected his petition for such a certificate but ultimately granted the certificate. it was then that he sued the defendant, the suit was instituted more than 12 years after the dismissal ..... the defendants'.column 12 of list (d) did not contain the name of the present defendant appellants or his predecessors. under these circumstances it is quite clear that the said plaint cannot be said to be a demand of alufa from the appellant in this appeal. in fact in paragraph 25 of their written statement, the defendant-appellant himself alleged that .....

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May 03 1957 (HC)

Budhu Singh and ors. Vs. the Board of Revenue and anr.

Court : Allahabad

Decided on : May-03-1957

Reported in : AIR1957All719

..... v. banamali sen : [1953]4scr154 . he argued that theplea of res judicata in the present cases was not founded on section 11 of the code of civil procedure but on general principles of law, and all that was necessary for the petitioners to show was that the decision was given by a court of law ..... present case, it appears that only one question of the acquisition of adhivasi rights was raised for the first time before the commissioner and the commissioner rejected it. the board of revenue did not confirm the decision of the commissioner and left the matter open, as it was of the opinion that it ..... , however, says that in the hearing and disposal of applications under sections 3 and 12 of the act, the assistant collector is to follow the procedure and possesses the powers followed or possessed by an assistant collector while deciding any proceeding under the u.p. land revenue act in respect of certain ..... administrative officers who used to issue permits or licences under the different control orders. the assistant collector in these proceedings was not to follow even the procedure like the one that is provided under the motor vehicles act for the issue of permits for running stage carriages. as a matter of practice, ..... the view taken by the board, generally, in suits for declaration, the courts only determine the position as it stood on the date of the plaint; but if there has been any subsequent legislation during the pendency of the suit in the trial court or in any court of appeal and that .....

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Dec 20 1957 (HC)

L. Ram NaraIn Singh Vs. A. Sen

Court : Allahabad

Decided on : Dec-20-1957

Reported in : AIR1958All758; 1958CriLJ1278

..... further pleaded that he was protected under the judicial officer's protection act. they both claimed special costs under section 35-a of the code of civil procedure. 11. the learned civil judge framed five issues in the case and held that sri a. sen was authorised to take cognizance of the offence under d.i ..... was brought more than 90 days after the date of imprisonment, excluding the period of two months for the notice under section 80 of the code of civil procedure. the learned counsel for the appellant has argued that the proper article applicable to the case is article 19 which specifically provides for a ..... 7. in the meantime, on the 2nd december, 1944, the appellant gave notice to sri a. sen and balbir prasad under section 80 of the code of civil procedure of his intention to bring a suit for damages against them. the notices were served on the 6th and 12th december, 1944, and the two ..... the magistrate had no jurisdiction to issue any process before taking cognizance of the offence under section 190, cr, p. c., but this argument was rejected and their lordships held, 'in our opinion having regard to the wording of section 3 of the act the assumption that the magistrate can issue ..... suits against sri a. sen and balbir prasad were filed on the 7th and 13th february, 1945 respectively. 8. the case of the appellant, as disclosed in the plaint .....

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Sep 25 1957 (HC)

Satya Vir Vs. State

Court : Allahabad

Decided on : Sep-25-1957

Reported in : AIR1958All746

..... justified by some reason, ait assumption based on the law as embodied in sub-section (5) of section 367, cr. p. code, before its repeal by the code of criminal procedure amendment act xxvi of 1955 with effect from 1-1-1956.since the omission of that sub-section, the question of proper sentence where ..... the test, and it appears that an application ex. d-8 reiterating the request was at that time preferred before the magistrate, but the application was again rejected. it was argued that the contents of this application supported the defence plea that the undertrials mixed with the appellant were not of his 'status, class, ..... , aud that he had to be coaxed into giving whatever details he did. it would be unnatural in these circumstances to expect a precise and detailed plaint of a report from bir singh. in fact, all that detail and precision would have been a badge of its unreality and untruthfulness. keeping these observations ..... 14, who took charge of the appellant from the former, took him to jail, brought him back from there to the police lock-up at the civil lines police station and again took him to jail later the same night when the appellant was eventually admitted there, and head constable aun mohammad p. w ..... jail at once, he was removed there with delay; and that he was shown to witnesses at the jail and at the police station of civil lines and lal kurti that evening.in the court of the committing magistrate as well as in the sessions court he denied his complicity in the .....

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