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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1959 Page 1 of about 19 results (0.075 seconds)

Mar 18 1959 (HC)

Union of India (Uoi) Vs. Mool NaraIn and ors.

Court : Allahabad

Decided on : Mar-18-1959

Reported in : AIR1959All780

..... n.u. beg, j. 1. this is an application under order 41 rule 27 of the code of civil procedure praying that certain additional evidence specified in the schedule attached to the plaint be admitted at this stage. the application has been given in connection with first civil appeal no. 59 of 1945. this is an appeal filed by the plaintiff whose suit for possession has ..... present application has been presented in this court on behalf of the appellant. having heard the learned counsel for the applicant we are of opinion that this application should be rejected. the proceedings of the trial court indicate that the plaintiff was fully apprised of the weakness of his case in this regard. an objection on this score was also taken ..... manmohan das v. kamdei, are quite clear in this regard. in the former case their lordships of the privy council observed as follows :'the provisions of sec, 107 of the civil procedure code as elucidated by order 41, rule 27, are not intended to allow a litigant who has been unsuccessful in the lower court to patch up the weak parts of his ..... defendant accordingly, took an objection on this ground. the trial court found that the land claimed by the plaintiff was not clearly delineated by the plaintiff in the plaint nor was sufficient evidence adduced before the court to enable it to identify the area claimed. the suit was, accordingly, dismissed. dissatisfied with the said judgment the plaintiff has filed .....

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Mar 16 1959 (HC)

Kundan Sugar Mills, Amroha Vs. Indian Sugar Syndicate Ltd. and ors.

Court : Allahabad

Decided on : Mar-16-1959

Reported in : AIR1959All540

..... be rejected as unacceptable. a limited company can therefore take advantage of the provisions of order 33 if it otherwise fulfils the necessary requirements. the preliminary objection raised by the appellant) must therefore be overruled. 23. we therefore overrule the preliminary objection and hold that a limited company can take advantage of the provisions of order 33 of the code of civil procedure if ..... to sue as a pauper has to be excluded when considering the question whether he is possessed of sufficient means to enable him to pay the fee prescribed for the plaint. rule 3 of order 33, it is stressed, requires that the application to sue as forma pauperis must be presented by the applicant in person. it is contended that a ..... instituted by a pauper. explanation: a person is a 'pauper' when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or, where no such fee is prescribed, when he is not entitled to property worth one hundred rupees other than his necessary wearing apparel and the subject ..... impracticable or impossible for a company to institute a suit as a pauper when a fee is prescribed for its plaint. the company can also be covered by the definition of the word 'pauper' with respect to a suit for whose plaint no fee is prescribed as in such a case a person is a pauper when he is not entitled to .....

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Nov 13 1959 (HC)

Biram Prakash Chela M. Puran Das and ors. Vs. Narendra Das and ors.

Court : Allahabad

Decided on : Nov-13-1959

Reported in : AIR1961All266

..... 1 rule 8 c. p. c.47. in the case of foulkes v. suppan chettiar : air1951mad296 , the same sort of procedure seems to have met with a judicial pronouncement.48. no authority of our court has been shown which has adopted the same view, and we do not see ..... heirs were not competent to prosecute or defend the suit, as sanction was accorded to certain individual persons eo nominee therefore, in such a case the proper procedure would be for the remaining persons to apply to the court for directions, bringing it to the court's notice that one of the persons to whom ..... gaddi and the said gaddi and the dharamshala are not shown, by any evidence, to have been, at any time, considered as separate endowments. we, therefore, reject the contention advanced by sri jagdish swarup as not being established on the evidence in the case.12. sri jagdish swarup next argued that the validity of the mortgage ..... 1, rule 8 c. p. c., have been complied with. an effective answer to this has been given by the learned civil judge who liaspointed out that it was clearly alleged in the present plaint that suit no. 3 of 1943 was a suit under order 1, rule 8 c. p. c.41. it was then ..... is not obligatory under order 1 rule 8 c. p. c. we do not think that, although the procedure is eminently reasonable and might be followed in a particular case, failure to follow such a procedure can bring about a change in the character of a suit which was originally constituted as a suit under order .....

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Mar 09 1959 (HC)

Sri Sheonath Prasad Vs. City Magistrate, Varanasi and ors.

Court : Allahabad

Decided on : Mar-09-1959

Reported in : AIR1959All467; 1959CriLJ912

..... bar against a court not being competent to try a case the subject-matter of which is beyond its pecuniary jurisdiction is created by section 6 of the code of civil procedure. the said section runs as follows:'save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any court jurisdiction over suits ..... ., is the institution or decision of suits the value of which exceeds the pecuniary jurisdiction but not of other proceedings. in my opinion therefore even if the code of civil procedure were applicable (though i have held that it is not applicable), the reference to the learned munsif could not be held to be invalid on the ground ..... entertain and decide a case would depend upon the provisions of the law relating to that case, e. g., a suit which will be governed by the code of civil procedure must be filed in a court which has both territorial as well as pecuniary jurisdiction, and if more than one court have pecuniary and territorial jurisdiction in ..... k. m. chettyar firm v. ma shwe ein, air 1937 rang a case for the recovery of rent the amount of rent claimed in the plaint will determine the jurisdiction of the court and if the amount does not exceed the pecuniary jurisdiction of the court the suit can be filed in that court even though ..... be disturbed even by means of an order passed by this court under its writ jurisdiction.14. for the reasons mentioned above the petition is rejected. the interim stay order passed on 13-2-1959 is vacated. .....

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Mar 13 1959 (HC)

Lakshmiji Sugar Mills Co. Ltd., Maholi Vs. Banwari Lal Tandon

Court : Allahabad

Decided on : Mar-13-1959

Reported in : AIR1959All546

..... earlier stage of the course, namely, allow the appellant to amend his plaint so as to make it a plaint against rutta koer alone for the recovery of money due on a bond.'this was a ruling under the old code of civil procedure. it was held that the amendment was within the power of the court ..... are within the power of the court. the argument is that the power of the court was limited under the old code of civil procedure but since the enactment of the 1908 code of civil procedure all amendments are within the power of the court and that the only question that a court has to determine is whether ..... may be done for which alone courts exist.'the learned judge was then considering only the second part of rule 17 of order vi of the code of civil procedure. that was a suit on dishonoured cheque. the plaintiff had not stated that any notice of dishonour had been given or that any circumstances, ..... the power to allow the amendment, that discretion was improperly exercised and the order allowing the amendment must be reversed. 41. once the amendment application is rejected, it is clear that the circumstances do not enable the plaintiff to maintain a suit for account as has already been held by us earlier. the ..... the application for amendment on the ground on which it has been made cannot, therefore, be said to be a bona fide one. we, therefore, reject that application.'in the present case also the plaintiff, though warned on 30-11-1951 did not make the application till the fag-end of the case. .....

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Jan 21 1959 (HC)

Sri Keshav Gupta Chhajju Singh Vs. Ghayur Ali Khan

Court : Allahabad

Decided on : Jan-21-1959

Reported in : AIR1959All607

..... basappa v. basavaraj ayyappa : [1959]1scr611 . in this case their lordships have held that the provisions of order 23 rule 1 of the code of civil procedure do not apply to election petitions and it is not open to a petitioner to withdraw or abandon a part of his claim once an election ..... learned counsel for the applicant in the alternative contended that he was entitled to a certificate under sections 109 and 110 of the code of civil procedure. 6. the first question that arises for decision is whether this court has jurisdiction to grant the certificate, and that depends upon the interpretation ..... the terms of the vakalatnama are very wide conferring, amongst others, the following powers on the learned counsel: 'the aforesaid gentleman may file on my behalf plaint written statement .... grounds of appeal or revision etc. of every kind and file copies of all other kinds of applications and documents .. .. and file ..... chandra v. benodo lal das : air1936cal424 , it was held that the plaintiff was entitled to bring a suit in a civil court for a declaration that his nomination paper was illegally rejected and the defendant was not duly elected to the municipal board. the view of the calcutta high court thus appears to be ..... consistent that such a suit is of a civil nature and can be brought in the civil court. 14. a similar view .....

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Nov 06 1959 (HC)

Ram NaraIn Vs. Mool Chand and ors.

Court : Allahabad

Decided on : Nov-06-1959

Reported in : AIR1960All296; 1960CriLJ552

..... the word 'day' it meant the whole of the working hours of the day and not the moment when the case was called. a similar provision is made in the code of civil procedure for dismissing cases in default under order ix rule 8. the words are :'where the plaintiff does not appear when the suit is called on for hearing, the court ..... suit is dismissed for default no final order is passed against him and he can apply for restoration and also re-institute his plaint. he is only penalized to the extent ..... if this was the intention of the legislature in the case of dismissal of complaints under section 247, cr. p. code also, why did it not express itself in these very words in which it expressed itself in the code of civil procedure. the difference in the terminology is quite evident and there is an understandable reason for this difference.where the plaintiff's ..... by him when an injunction was sought to be issued by the complainant in order to stop the marriage. the magistrate rejected this prayer and noted his own observations as well as the contents of the certificates given by the civil surgeon in his order. on the other hand the complainant relics probably on the ages of ram kumar and shrimati rajeshwari .....

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Jul 21 1959 (HC)

P.P. Gupta Vs. East Asiatic Co., Bombay

Court : Allahabad

Decided on : Jul-21-1959

Reported in : AIR1960All184

..... such a wide meaning as is contended for by learned counsel for the respondents'.24. in tirath singh v. bachittar singh : [1955]2scr457 the supreme court rejected a literal interpretation of section 99(1)(a) of the representation of the people act (43 of 1951) and observed, 'it is argued that if the ..... decision of the earlier suit. as was held by vivian bose. j. in ganga prasad v. mt. banaspati air 1937 nag 132, a rule of procedure can be that case the parties in the second suit expressly asked the court to proceed with the second suit. the parties thus waived their rights ..... 5,991/7/- paid by him towards the price together with rs. 1,000/- as damages suffered by him.4. the respondent company stated in their plaint that the defendant gupta agreed to make, hire-purchase agreement for the purchase of a mercedes printing press for rs. 19,000/- and that he had paid ..... 848/12/- together with interest.5. in the suit filed by the applicant gupta against respondent company, which is suit no. 98 of 1955. the learned civil judge framed the following issues:--(1) did the defendant stipulate that it would install the machinery under the supervision, of mr. beckhausen and also to train the ..... trial of any suit in which the matter in issue is also in issue in a previously instituted suit between the same parties. the learned additional civil judge of agra, who is seized of both the cases, allowed the application of the respondent and directed the consolidation of two suits between the parties .....

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Dec 23 1959 (HC)

Mt. Batul Begam Vs. B. Hem Chandar Mukherji

Court : Allahabad

Decided on : Dec-23-1959

Reported in : AIR1960All519

..... by one of the co-sharers only, i.e. hem chandra mukerji, against mst. batool begum for recovery of arrears of rent in respect of three plots detailed in the plaint. the plaintiff alleged that the plots were the exproprietary tenancy of the defendant, who had rot possession over the plots after the death of her husband fida husain, who was .....

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Dec 09 1959 (HC)

Syed Wahid HussaIn Vs. Maharajkumar Mahmud Hasan Khan and ors.

Court : Allahabad

Decided on : Dec-09-1959

Reported in : AIR1961All409

..... order 23 rule 1 (2) (b) of the code of civil procedure as covering grounds analogous to those mentioned in rule 1 (2) (a). the supreme court case of : [1955]2scr303 (supra) only states the true scope of the rule ofejusdem generis. in paragraph 38 their lordships rejected the contention that the word 'jagir' occurring in ..... (3) arc restricted to written statements. it is certainly a little tempting to hold that sub-sections (1) and (2) of section 69 apply to plaints and similar applications claiming any particular relief in the nature of a decree and to restrict sub-section (3) to written statements. we are, however, of ..... (act ix of 1932). no question of the word 'proceeding' being ejusdem generis to 'a claim or set off' was raised before the learned civil judge, in the grounds of appeal other questions were also raised. we have questioned the learned counsel for the appellant and he has made a statement ..... 6. in this appeal we have heard the learned counsel for the parties. 7. no authority directly on the point was cited before the learned civil judge and he was assured that there was no authority on the point. he then considered the provisions of the section and held that as an ..... held that issue no. 2 did not arise for determination as the matter was really aquestion of the merits of the case. accordingly, the learned civil judge held that the applicantwas not entitled to any relief and dismissed the application with costs. 5. against that order this first appeal fromorder has been .....

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