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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1958 Page 1 of about 8 results (0.025 seconds)

Jan 03 1958 (HC)

Madan Lal Vs. Zargham Haider and ors.

Court : Allahabad

Decided on : Jan-03-1958

Reported in : AIR1958All596

..... the tribunal, as nearly as may be , in accordance with the procedure applicable under the code of civil procedure, 1908 (5 of 1908), to the trial of suits'.an examination of the provision of the code of civil procedure would show that in cases where a plaint does not disclose any cause of action the plaint can be rejected under order 7, rule 11. if, therefore,, it be held that ..... the dismissal of the election petition by the tribunal in the present case was not a decision on merits but a decision under the provisions of the code of civil procedure, the ..... code of civil procedure itself. section 2 of the code of civil procedure means,'the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the 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 ..... by dismissal of the petition. that order was, therefore, in the nature ofan order dismissing a suit, which order of dismissal under the code of civil procedure is treated as a decree. consequently, even if the provisions of the code of civil procedure are examined and the effect of the order of 28-8-1957 is considered in the light of those provisions it would appear .....

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Aug 13 1958 (HC)

Kumar Jagdish Chandra Vs. Bulaqi Das and anr.

Court : Allahabad

Decided on : Aug-13-1958

Reported in : AIR1959All242

..... delivery of possession, is really a decree for the payment of mesne profits in accordance with the provisions of rule 12, order 20 of the code of civil procedure and is therefore a decree for payment of mesne profits upto three years from the date of the decree as no possession was actually delivered ..... it could not award mesne profits for a period longer than three years from the date of the decree under the provisions of section 211 of the code of civil procedure 1877, which was then in force ..... in the decree in thepresent case no period was mentioned, down to which mesne profits were awarded, but ..... year 1881-82, that is the period between the date of the application in 1881 and the date of obtaining possession in 1882. this application was rejected by the subordinate judge and the appeal therefrom was dismissed by the high court. it was observed by parsons j., at page 153:'i do ..... end his right to mesne profits automatically must also come to an end. mesne profits are defined in clause (12) of section 2 of the civil procedure code thus:' 'mesne profits' of property means those profits which the persons in wrongful possession of such property actually received or might with ordi-nary diligence have ..... possession of certain land with mesne profits (to be ascertained in execution by the subordinate judge) of all of the said land sued for in the plaint, such mesne profits to be computed from the date of possession being given to the defendants. nothing was said in the decree as to the .....

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Apr 30 1958 (HC)

Janardan Swarup and ors. Vs. Devi Prasad and ors.

Court : Allahabad

Decided on : Apr-30-1958

Reported in : AIR1959All33

..... of the defendants in suit no. 268 of 1950 aforesaid, the present suit in regard to ejectment was barred by order ii, rule 2 of the code of civil procedure, the lower appellate court concurred in the view of the trial court that the notice of ejectment given under section 106 was a perfectly valid notice. ..... in any way lead to the shutting out of any evidence in this case.upon that view of the matter the learned additional civil judge rejected application no. 127 c. the learned additional civil judge allowed evidence to be led on the question of material alteration or damage to the building and he held, independently of ..... the alterations were still in progress. it was during the pendency of that suit that an ad-ditional relief for damages had been added to that plaint. a suit for ejectment required determination of the lease by a prior notice under the transfer of property act and it was on the expiration of ..... property and from damaging the same as long as the property continued in their possession as tenants. it was no doubt by a later amendment of that plaint that a relief for recovery of a sum of rs. 2,000/- as damages had been added. the suit aforesaid was decreed upon compromise on the ..... alterations in the property and from damaging the same so long as the property had continued in their possession as tenants. later on, by an amendment of the plaint, a relief for recovery of a sum of rs. 2,000/- as. damages had been added. the suit aforesaid was-instituted on the 29th of march .....

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Apr 30 1958 (HC)

Smt. Balwant Kunwar and ors. Vs. Addl. Munsiff, Dehra Dun and anr.

Court : Allahabad

Decided on : Apr-30-1958

Reported in : AIR1959All7

..... normally within its competence can be brought about only by clear and unambiguous language or by the necessary implication thereof.8. in the commentary on the code of civil procedure by chitaley and rao, 6th edition, the learned authors observe on pages 212 and 213 as follows:'the mere fact that the enactment provides another ..... this act shall be regulated, as far as may be, by the code of civil procedure, 1908.' section 9 lays down that, if the petitioner makes out a case, the district court may decree restitution of conjugal rights. section 28 ..... is in addition to the rights of a party to file a regular suit. section 21 of the act deals with the application of the code of civil procedure:'subject to the other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under ..... marriage and divorce. by implication, a munsif has no jurisdiction to entertain a suit for restitution of conjugal rights.18. there are two reliefs in the plaint. the first relief claimed by the plaintiff is for a decree against defendant no. 1 directing her to live with the plaintiff and to allow him a ..... defendants nos. 2 and 3 are preventing defendant no. 1 from returning to the plaintiff's house. relief (b) mentioned in the plaint is incidental to the relief (a) in the plaint.it was open to the plaintiff to combine both these reliefs (a) and (b) in a petition under section 9 of the .....

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Jan 15 1958 (HC)

Shiv NaraIn Vs. Deputy Director (C), Mathura and ors.

Court : Allahabad

Decided on : Jan-15-1958

Reported in : AIR1959All487

..... that case that the presentation of an application by a pleader to whom the authority in the prescribed manner under rule 4, order 3 of the code of civil procedure was not given was a nullity and not only an irregularity which could be cured at a subsequent stage. the full bench which considered the ..... therefore it was urged, acted without jurisdiction when he directed that the question be referred to arbitration as prayed by the responents. both these contentions were rejected by the learned single judge and he dismissed the appellant's petition.3. in appeal also the learned counsel for the appellant reiterated the contention that ..... same view was taken in b. b. and c. i. ry. co. ltd. v. sivaji mills co. ltd. : air1927all514 . in that case the plaint had been instituted by an agent with the knowledge and by the authority of the plaintiff, but had not been properly signed or filed. it was held that the ..... the objection filed under section 12 could also not render it absolutely void. in the case of basdeo v. john smidt, ilr 22 all 55, the plaint in a suit had not been signed by the plaintiff named therein or by any person duly authorised on his behalf. it was argued that that defect ..... of this court laid down in wali mohammad khan v. ishak ali khan air 1931 all 507:'omission to comply with the provisions regarding presentation of plaint is a mere irregularity and not an absence of jurisdiction; and if a person presenting it is not properly authorised the presentation would be irregular and .....

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Feb 13 1958 (HC)

Ram Roop and ors. Vs. Bishwa Nath and ors.

Court : Allahabad

Decided on : Feb-13-1958

Reported in : AIR1958All456

..... . this is an application under article 227 of the constitution read with section 115 of the code of civil procedure.2. on 29th february 1952, the opposite parties filed a suit in the court of the munsif of mirzapur claiming possession over the plots mentioned in the plaint. the allegations with which the opposite parties came were these: the land in dispute was lying ..... the provision was therefore utilised when a proper case arose for revising those orders which were not found to be covered by section 115 of the code of civil procedure or section 439 of the code of criminal procedure.in 1935, the government of india act, 1915 was replaced by the government of india act, 1935. section 224 of the new act took the place ..... . p. zamindari abolition and land reforms act. this request of theirs was turned down and they approached this court under article 227 of the constitution for interference. the application was rejected with the remark that 'article 227 of the constitution does not appear to abrogate the ordinary law. where a remedy is provided under the ordinary law to a party he ..... supreme court it can no longer be maintained that the power of superintendence conferred by article 227 is confined to administrative matters and does not include judicial superintendence.4. while rejecting the contention that the power of superintendence conferred by article 227 was only administrative the supreme court had observed in waryam singh's case (h):'further, the preponderance of judicial .....

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Mar 19 1958 (HC)

Munna Lal and anr. Vs. Abir Chand

Court : Allahabad

Decided on : Mar-19-1958

Reported in : AIR1958All766

..... that in the circumstances of the case the refund could be allowed in exercise of the inherent powers of the court preserved under section 151 of the code of civil procedure. the division bench noticed that the correctness of the decisions relied upon had been doubted in the case of om prakash gupta v. united provinces : ..... therefore dismissed as time barred. an application was made for refund of court-fee but was rejected.13. in ramakant patak v. murlidhar pande, air 1937 all 505 (l) the plaint which was filed with deficit court-fee was rejected, and the plaintiff prayed for a refund of the court-fee which he had paid. ..... jawahar singh sobha singh v. the union of india a full bench of the punjab high court had before it an application by a plaintiff whose plaint had been ordered by a subordinate court to be returned for presentation to proper court. the plaintiff had preferred an appeal against the order to the ..... was laid down:'where a litigant has paid fees which he was bound to pay under the law for his plaint or memorandum of appeal, the court by ordering refund under the inherent power cannot indirectly exempt him from the obligation imposed upon him by the statute ..... and given up. the prayer was disallowed.10. in indu bhushan v. secy. of state : air1935cal707 court-fee had been paid in respect of a plaint but it was subsequently found that the suit was not maintainable. the plaintiff applied for a refund of a court-fee but the prayer was refused. it .....

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Oct 16 1958 (HC)

Banarasi Das Kankan Vs. Uttar Pradesh Government and anr.

Court : Allahabad

Decided on : Oct-16-1958

Reported in : AIR1959All393

..... framed: issues: 1. is the suit cognizable by this court?2. whether a claim of the kind set up in the plaint is not cognizable by the civil court?3. whether as civil and sessions judge the plaintiff held a post borne on the cadre of the i.c.s. and whether the g. o. ..... general instead of by the governor.49. i, therefore, hold that, the plaintiff's case was rightly referred to the federal public service commission, but the procedure followed in making the reference was irregular. the irregularity did not affect the plaintiff's case on merits.50. issue no. 5: the following notification appeared ..... appointed a district judge,reserved posts rules were not in conflict with section 254of the act. all the objection raised against thevalidity of the rules must be rejected. reservedposts rules were valid. 34. parties were not agreed about the date, on which the reserved posts rules, 1938 came into force. the date ..... against the plaintiff, the second part of the issue does not arise. (44) issue no. 9: clause 4 of the reserved posts rules prescribed the procedure for appointment to any listed post. the first proviso to clause 4 made it obligatory to refer every case to the public service commission. it was not ..... section 247 ran thus: 'provided that no rule made under this sub-section shall have effect so as to give any person appointed to a civil service or civil post by the secretary of state less favourable terms as respects remuneration or pension than were given to him by the rules in force on the .....

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