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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1960 Page 1 of about 10 results (0.053 seconds)

Jan 15 1960 (HC)

C.L. Basra Vs. Pearey Lal Basra and anr.

Court : Allahabad

Decided on : Jan-15-1960

Reported in : AIR1960All590

..... depend on the question whether the order against which the revision is filed fulfils the conditions laid down by section 115 of the code of civil procedure. section 115 ot the code of civil procedure lays clown two conditions before a revision can lie to this court. the first condition is that the order against which revision ..... each case. the aforementioned circumstances relating to the second condition, are enumerated under sub-clauses (a), (b) and (c) of section 115 of the code of civil procedure. if the requirements contained in any of these sub-clauses are fulfilled, then a revision would lie to this court. if, on the other hand, ..... in the present case are different and the present revision has sprung out of a court fee order and not out of an order returning the plaint to be presented to the proper court, the principle laid down in this full bench case, in my opinion, should be applicable to the present ..... court. in this case the facts were that the trial court had passed an order under order 7, rule 10, c.p.c. returning the plaint to be presented to the proper court. that order was set aside by the appellate court which had remanded the suit to the trial court. ..... when the subordinate courts had not committed any illegality or material irregularity in determining the market value of the building, and the court fee payable on the plaint, this court cannot interfere with the order passed by them. in other words, the revision application has no force and it is hereby dismissed with .....

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Oct 10 1960 (HC)

Savitri Devi Vs. Rajul Devi and ors.

Court : Allahabad

Decided on : Oct-10-1960

Reported in : AIR1961All245

..... adopted by the courts in india for their guidance in future. it may, therefore, he taken that, whatever might have been the position under the code of civil procedure, 1882, as a result of the decision given by the privy council in the following propositions of law stand firmly established by the privy council ..... patent is appealable to a bench as a judgment under clause 15 of the letters patent, distinguished such an order from an order directing a plaint to be rejected or taken off the file or an order dismissing a suit on a preliminary ground for two reasons. firstly, an order of transfer does ..... cannot include an interlocutory order.' (p, 55), 67. in this case the learned counsel for the petitioner has tried to revive the same argument, which was rejected by the calcutta high court, by relying strongly on the full bench decision of this court reported in : air1960all692 . this case, in fact, is the ..... to the' high court from a decision of a single judge only if the decision is a judgment. two of the learned judges constituting the bench rejected the contention holding that the decision was a 'judgment' within the meanine of clause 10 of the letters patent of the allahabad high court. on the ..... a formal decree in accordance with the findings of the high court. it was on account of that feature of the order that the supreme court rejected the preliminary objection that it did not amount to a final order. the decision of the supreme court cannot, thereiore, be interpreted as laying down .....

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Mar 16 1960 (HC)

Standard Glass Beads Factory and anr. Vs. Shri Dhar and ors.

Court : Allahabad

Decided on : Mar-16-1960

Reported in : AIR1960All692

..... high court; and the supreme court in asrumati debi v. rupendra deb : [1953]4scr1159 has expressed the opinion that an order directing a plaint to be rejected or taken off the file and an order rescinding leave granted under clause 12 of the letters patent of the calcutta high court are judgments within ..... any liabilities in dispute in the suit or proceeding itself. such orders only related to 'a detriment suffered in being denied the benefit of a rule of procedure', e.g. the rules laid down in orders xxxviii, xxxix and xl c. p. c. they therefore fell in the category of interlocutory orders and ..... 'interlocutory' has been applied generally to orders made on two kinds of applications, namely those applications which are made for the purpose of regulating the procedure in a suit or as a step towards obtaining a final decision and applications which are ancillary or accessory to the suit and are made for ..... it stems from a suit and its purpose is to make the judgment, if obtained, fully effective. it is neither an order which merely regulates procedure nor an order made on an application which is merely a step towards obtaining a final adjudication. such an order is in my opinion neither a ..... regards the court expressing it, decides the suit or appeal.' an 'order' means: 'the formal expression of any decision of a civil court which is not a 'decree' as defined in the code.' 'judgment' is defined as meaning 'the statement given by the judge of the grounds of a decree or order.' chapter xliii .....

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May 20 1960 (HC)

Governor-general of India in Council Representing the Great Indian Pen ...

Court : Allahabad

Decided on : May-20-1960

Reported in : AIR1961All14

..... for dismissing the suit at the appellate stage.17. in 'suraj prasad v. moolchand , it was held that an application in forma pauperis should be rejected if the plaint does not contain the particulars of all the persons for whose benefit the suit was to be brought.18. in the present case, there is no question ..... i hold that tara chand's age at the time of his death was 22 years, and not 28 years as found by the learned civil judge.53. the learned civil judge calculated compensation on the footing that the expectation of life was 33 years after the actual death by accident. i have found that the ..... income and expenditure for certain years. there is no good ground for not accepting sohan lal's statement about the income of the family business. the learned civil judge has calculated that the average net profit comes to rs. 15,785-11-11. no mistake in the calculation was pointed out before us. sohan ..... the ground that the plaintiff brought this suit for her benefit only. the defect under consideration is not fatal to the suit. i agree with the learned civil judge that, the plaintiff's suit is maintainable.19.-37. the main question for consideration in this appeal is whether the cause of the accident at ..... for non-joinder of the necessary parties. lastly, it was pleaded that the damages claimed by the plaintiff were exhorbitant.4. the suit was tried by the learned civil judge of jansi. he held that the plaintiff was entitled to sue, and that a notice under section 80 c. p. c. was. served upon the .....

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Mar 18 1960 (HC)

Sri Thakur Krishna Chandramajiu Vs. Kanhayalal and ors.

Court : Allahabad

Decided on : Mar-18-1960

Reported in : AIR1961All206

..... that the heading of the translation showed that it was a translation of a deed of assignment executed by sri krishna chandra singh land had rejected the contention that this heading showed that it was necessarily a translation direct from the original deed. ho also referred to the contention that the ..... controversy in the appeal mainly is whether the properties, affected by the aforesaid mortgage deeds, decree and auction sales, and which are specified in the plaint along with the other property compendiously known as 'qasba anupshahr' and comprising altogether 54 villages which were purchased or owned by lala babu constitute an endowment ..... in the case by the court below which may be reproduced as below :1. did krishna chandra singh make any will as alleged in the plaint?2. were the properties in suit dedicated for sewa and worship of the plaintiff by krishna chandra singh? is plaintiff owner of the same?3. ..... . 1 in the suit was kedar nath kezdiwal, the auction-purchaser. he has died since and is now represented by his heirs specified in the plaint. the second defendant is arun chandra singh who is the heir of krishna chandra singh alias lala babu (i.e. the mortgagor of the two ..... 1925 and the decree thereon in suit no. 1365 of 1927 of the high court of judicature at fort william, in bengal in its ordinary original civil jurisdiction and that the sales held thereunder be declared to be void, ultra vires, without jurisdiction, illegal and invalid and not binding on the plaintiff and .....

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Nov 07 1960 (HC)

Raghubar Singh and ors. Vs. Smt. Phoolmati and ors.

Court : Allahabad

Decided on : Nov-07-1960

Reported in : AIR1962All122

orders.s. dhavan, j.1. this is a plaintiffs' application under section 115 of the c. p. c., against an order rejecting their prayer to amend the plaint.the plaintiff applicants raghubar singh and others filed a suit against defendant-respondent, laxmi narain, for his ejectment and for recovery of arrears of rent. they alleged that they had ..... a declaration of that title. furthermore, i am doubtful whether this court can interfere with the discretion of the trial court in a case like this.3. the application is rejected. however, asno one appears for the respondent, there shall beno order for costs.

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Apr 05 1960 (HC)

Babu Nandan Vs. Mst. Sumitra

Court : Allahabad

Decided on : Apr-05-1960

Reported in : AIR1961All287

..... objection was legally maintainable and the view taken by the lower appellate court that it could not be maintained was erroneous. 9. the lower appellate court rejected theobjection on another ground also i.e., that the errorof jurisdiction was not apparent on the face ofrecord. in my opinion the view taken by it ..... and land reforms act, though the section was not mentioned expressly in the plaint. in my opinion, the view taken on both the points by the trial court wascorrect and the lower appellate court in reversingit erred in law. 10 ..... waswholly wrong. i have gone through the plaint ofthe suit in which this decree was passed and even acursory glance of it shows that the suit was oneunder section 202 u. p. zamindari abolition ..... is true that the judgment-debtor appellant had not taken a plea in defence in the original suit that it was not legally maintainable in the civil court but that will not be a bar to his raising the plea of the invalidity of the decree on the ground of want of jurisdiction ..... zamindari abolition and land reforms act, which was exclusively cognizable by a revenue court and the civil court had no jurisdiction to entertain it, and in entertaining it and passing a decree on the basis of it the civil court has acted wholly without jurisdiction. 2. the court executing the decree upheld the objection .....

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Mar 30 1960 (HC)

Ram NaraIn Vs. Jai NaraIn and anr.

Court : Allahabad

Decided on : Mar-30-1960

Reported in : AIR1961All125

..... let out for a considerable sum of money per year. we are, therefore, of the view that act xx of 1863 is attracted in this case and reject the contention of the learned counsel for the appellant. the term land in the act has a wide meaning and includes buildings.10. the next point taken ..... gives jurisdiction to order damages, direct specific performance of duties by trustees and order their removal.11. it will be observed that so far as the plaint is concerned there is no allegation that any loss has been caused to the trust by virtue of the trustee's misconduct making him liable for a ..... of duty, committed by such trustee, manager, superintendent or member of such committee, in respect of the trusts vested in, or confided to them respectively and the civil court may direct the specific performance of any act by such trustee, manager, superintendent or member of a committee, and may decree damages and costs against such ..... had come into existence and that the dharamashala and the temple were constructed for the benefit of the public and the properties detailed at the foot of the plaint were dedicated to them. it was held that the plaintiff would be entitled to maintain the suit. it was held that defendant no. 1 had been ..... and act xx of 1863 was applicable. it was found that the reliefs prayed for in the suit did not come under section 92 c. p. code. it was also held that section 14 of act xx of 1863 also applies to trust which had come into existence after 1863 but which could be said .....

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Mar 21 1960 (HC)

Deoki Nandan Vs. Makhan Lal and ors.

Court : Allahabad

Decided on : Mar-21-1960

Reported in : AIR1961All386

..... it shall hear the plaintiffs appeal on merits, but in accordance with the principles of law enunciated in this judgment. the cross-objection of the respondents stands rejected with costs and will not be considered by the appellate court. the plaintiff shall be entitled to agitate before the lower court that the contractual rate of ..... the parties to bear their own costs of the appeal. it also directed the plaintiff to pay a court-fee, on 'rs. 1020/- only on the plaint.the defendant filed a second appeal in the high court, one of the grounds being that the plaintiff should have been required to pay a court-fee ot ..... he dismissed the entire suit as time-barred. but it is obvious that the decision of the trial court is erroneous. the intention of the learned civil judge wag to reduce the rate of interest for he observed,'the contractual rate of interest being excessive i reduce it to 12 per cent per annum ..... principle was enunciated thus:''the courts in the exercise or the powers conferred by order 41, rule 33, should not lose sight of the other provisions of civil p. c. nor of the court-fees act nor of the law of limitation'.the court also took notice of rule 22 and observed,'this rule clearly ..... given on it is binding onthe parties at all subsequent stages of the suit. their lordships observed that the binding force of the decision'depends not upon the civil p. c., section 11, but upon general principles of law. if it were not binding there would be no end to litigation''.the case did not .....

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Mar 30 1960 (HC)

Muneshwara Nand Vs. State

Court : Allahabad

Decided on : Mar-30-1960

Reported in : AIR1961All24; 1961CriLJ1

..... was in fact the target of the attack in the appellant's impugned article. now, one of the essential conditions for attracting the procedure prescribed by section 198b of the code is that the defamation of the public servant concerned must, as enjoined in clause (1), be 'in respect of his conduct in the ..... with a fine of rs. 200/-, and mr. ansari had pleaded that the imprisonment be remitted. for a variety of reasons this plea deserves to be, rejected. to begin with, the appellant's attack on dr. ram lal was actuated by malice. this is made abundantly clear from the record, which discloses that ..... and before the hon'ble single judge who initially heard the appeal contended that the trial and conviction were invalid inasmuch as the public prosecutor's com' plaint had not been joined by dr. ram lal, the public servant allegedly libelled. considering that an authoritative decision on this legal point was necessary, the ..... hand, if the allegations, however false, are that judge a took money from a person without his having any law-suit before him, or that civil surgeon b picked the pocket of a patient whom he examined privately at the matter's house, or transport officer c cheated a man over a transaction ..... board of bijnor. the impression is erroneous. dr. ram lal, as already stated, was the district medical officer of health at bijnor. the uttar pradesh civil list shows that he is a gazetted officer and has been a member of the u. p. public health service since september 1948. the subject of .....

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