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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1963 Page 1 of about 10 results (0.028 seconds)

Mar 08 1963 (HC)

Smt. Pyara and ors. Vs. Shiv Shanker

Court : Allahabad

Decided on : Mar-08-1963

Reported in : AIR1963All476

..... should return the appeal for presentation to a competent court, but we see no justification to do this. order vii, rule 11, c. p. c., applies to plaints and not to memorandum of appeals, me appellants deliberately and perversely enhanced arbitrarily the value of the appeal in order to exclude the jurisdiction of the district judge over it ..... court-fee purposes, vide section 8 of the suits valuation act. in the court fees act same court-fee is payable on a memorandum of appeal as on the plaint. it follows from this also that jurisdictional value of an appeal must be the same as that of the suit. we, therefore, upheld the preliminary objection and hold ..... passed in it will lie to the district judge, otherwise it will lie to the high court. in the full bench case no valuation was put down on the plaint at all and it could not be said to be not in excess of rs. 10,000/- and consequently the appeal lay to the high court. in yudhisthir ..... being amended. if in its unamended form it cannot be received by the district judge, it cannot be returned for presentation in his court and must be rejected. it may be open to the appellant to file another appeal in the district judge's court. 4. we dismiss the appeal with costs. ..... desai, c.j. 1. in this appeal arising from a decree passed for restitution of conjugal rights under the hindu marriage act by a civil judge a preliminary objection has been raised on behalf of the respondent that it does not lie in this court. the respondent valued the suit at rs. .....

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Aug 08 1963 (HC)

Firm Mohammad Sana Ullah and Sons Vs. Firm Haji Rahim Bux and Sons

Court : Allahabad

Decided on : Aug-08-1963

Reported in : AIR1964All49

..... decree was passed), (1) the execution case which is still pending in the executing court which is hearing the judgment-debtors' objection under order 21, rule 90 of the code of civil procedure and (2) the appeal from the order passed by the executing court rejecting the objection under order 21, rule 90. it is the first proceeding that is contemplated by the phrase ..... the rules, when, whichever way it went, it would finally determine the rights of the parties.' the question before the court of appeal was whether an order holding that a plaint disclosed no cause of action was a final order or an interlocutory order and it held that the order was interlocutory. it is noticeable that even though the suit was ..... ; it was not a judgment because it was, only an interlocutory order made on a preliminary objection in the course of a proceeding under order xxi, rule 90 of the code of civil procedure and was not a final order because it did not terminate the proceeding.9. the same view was taken by the federal court in mohammad amin brothers ltd. v ..... under appeal.14. in a recent decision jethanand and sons v. state of uttar pradesh : [1961]3scr754 the supreme court held that an order remanding a case under section 151, code of civil procedure, is not a judgment, decree or final order. shah j. speaking for the court at p. 110 (of all lj) : (at p. 796 of air) said :'an order is .....

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Jul 23 1963 (HC)

Kidwai HusaIn Kamil Vs. Yadav Ram Sewak and ors.

Court : Allahabad

Decided on : Jul-23-1963

Reported in : AIR1964All86

..... follows in this connection: 'order 11, rules 15 to 18 lay down under what circumstances inspection can be allowed. it is apparent that under the code of civil procedure inspection could be allowed only of documents referred to in the pleadings and in the possession of any of the parties to the suit. in this ..... place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure 1908 v of 1908), for the verification of pleadings. (2) any schedule or annexure to the petition shall also be signed by the petitioner ..... by the petitioner justifying an inspection or general scrutiny and recount. under the circumstances, the objections put forward, on behalf of the respondent are hereby rejected. let an early date be fixed for framing of issues.' the petitioner repeated his effort for an inspection of the ballot-papers and made an ..... principle, we see no difference between a plaint and an election petition and are of the opinion that, if, before the hearing of a case is concluded, an affidavit is filed as required ..... it would have provided either for the dismissal of the petition on that ground or for any other penal consequence.21. it is well settled that plaints not properly verified, when presented, do not entail their dismissal even if the defect is removed after the expiry of the period of limitation. on .....

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Apr 29 1963 (HC)

Chatur Mohan and ors. Vs. Ram Behari Dixit

Court : Allahabad

Decided on : Apr-29-1963

Reported in : AIR1964All562

..... jurisdiction for an order of ejectment of the tenant from the accommodation'.then follow provisions which deal with con tents of the application, its verification, the procedure to be followed by the munsif and the orders that can be passed by him section 7-e, sub-section (4), lays down that if a ..... it was observed that where a statute directs that an appeal shall lit to a court already established the appeal must be regulated by the practice and procedure of the court when a deputy commissioner exercises jurisdiction conferred upon him under section 13(3) of the u. p. and berat relief of indebtedness act ..... the munsif cannot alter, simply because the landlord has paid court-fee in order to convert the application into a plaint. throughout the proceeding under section 7-b of the act the munsif is a civil court.15. mr. vishnu kumar gupta, appearing for the opposite party, pointed out two matters in support of ..... ) or (6) is not a decree. considered as an order, there is no provision for appealing against it under section 104 of the code. and section 104 expressly precludes an appeal against orders other than those referred to therein, unless provision for such appeal is made elsewhere in the body of ..... the code or by any law for the time being in force. therefore, but for the original provision of sub-section (8), an order under sub-section .....

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Sep 11 1963 (HC)

Mohammad Sher Khan Vs. Union of India (Uoi) Through the Home Secy. and ...

Court : Allahabad

Decided on : Sep-11-1963

Reported in : AIR1964All63

..... in this contention. the jurisdiction of the court to entertain the suit has to be determined on the basis of the allegations contained in the plaint. those allegations are that the applicant was an indian citizen at the time of the coming into force of the constitution, that he still continues ..... film. though, undoubtedly the question whether the applicant has lost his indian citizenship can be determined only by the central government and not by the civil court, yet until the determination is made by the central government that the applicant has lost his indian citizenship he is entitled to say that ..... citizenship act. against this order the applicant preferred an appeal before the civil judge. the learned civil judge has dismissed the appeal on the ground that prima facie the suit was not maintainable and as such no temporary injunction could be ..... ex parte order of injunction was granted it was vacated after the final hearing on the sole ground that the suit was not maintainable; the civil court had no jurisdiction to decide the question of citizenship and the jurisdiction to do so vested in the central government under section 9 of the ..... grant a temporary injunction.2. the applicant had filed a civil suit for a declaration that he was an indian national and for a permanent injunction to restrain the respondents from deporting him out of india. the allegations in the plaint were that the applicant was a citizen of india at the .....

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Aug 27 1963 (HC)

Bhaggu Vs. Manni Prasad Pandey

Court : Allahabad

Decided on : Aug-27-1963

Reported in : AIR1965All202

..... the plaintiff. it further expressed the view that the ground on which the finding of the lower appellate court had been assailed was tenuous and he had no hesitation in rejecting the same. i am not sure whether the decision of the aforesaid case is of much help to the respondent in this case. it was not expressly stated that the ..... to the appellant. the pronote was executed simultaneously with the alleged payment of rs. 1500/- by the respondent to the appellant on 2-1-1952. it was alleged in the plaint that the appellant took rs. 1500/- on 2-1-1952 and agreed to pay interest at rs. 2/- per mensem and further agreed to pay the amount borrowed on demand ..... .' 'we examined the deed with the assistance of the counsel for the parties and the learned counsel for the respondent frankly conceded that some of the criticisms of the learned civil judge were-unfair.' in the present case, the learned counsel for the respondent did not contend that the courts below did not take the assistance of the lawyers concerned in .....

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Jan 28 1963 (HC)

Magan Devi Vs. State Transport Tribunal and ors.

Court : Allahabad

Decided on : Jan-28-1963

Reported in : AIR1964All19

..... two parts; the first part relates to verifying the correctness of the statement made in the application. that is no doubt similar to the verification which is required in a plaint under the code of civil procedure. but even with regard to that part of the declaration another aspect that has to be kept in view is that, in the case of a ..... declaration required to tie recorded in the application was similar in nature to the verification required to be recorded in a plaint under the code of civil procedure by the plaintiff, and since courts have held that want of such a verification of a plaint or defective verification cannot be a ground for interference by the appellate court with the decree passed by the trial ..... plaint even if the facts have not been verified, the defendant has a right to come and contest the assertions made therein, and the court need not, therefore, be on guard about their correctness. even if the defendant does not appear the provisions laid down by the code of civil procedure require that in an ex parte case ..... sanctioned a permit in favour of the appellant. one other applicant was kali charan singh, respondent no. 3 in this special appeal. his application for grant of a permit was rejected. kali charan singh, therefore, appealed to the state transport authority (tribunal). the tribunal allowed the appeal, set aside the order of the regional transport aulhority granting the permit to the .....

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Apr 04 1963 (HC)

Ram Bali Vs. Tulsi

Court : Allahabad

Decided on : Apr-04-1963

Reported in : AIR1964All231

..... invalid, (2) the award was given without taking evidence and (3) that the award was undated and no notice was given about the filing of the award. the trial court rejected the first two contentions but accepted the third contention as it considered that no proper evidence was recorded by the arbitrators and notice of the hearing should have been given ..... 2. the facts giving rise to the application are these : ram babu plaintiff filed a suit for partition of share of the plots in list a filed with the plaint. tulsi defendant no. 1 was the main contestant. the plaintiff alleged that he was the son of jaganandan the uncle of defendant no. 1. jagannath defendant no. 2 was alleged ..... to the parties in writing. according to the learned munsif this constituted legal misconduct and therefore the award was set aside. on appeal to the civil judge by the opposite party, the evidence of the parties end their witnesses was considered and the lower appellate court preferred to believe the evidence of the arbitrator rajbans. it ..... orders.c. manchanda, j. 1. this is a revision application against the order of the civil judge, jaunpur dated, the 27th of february 1962, whereby the order of the munsif holding that there was legal misconduct by the arbitrators in making the award was set aside. .....

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Dec 11 1963 (HC)

Ram Sahai Vs. Babu Lal

Court : Allahabad

Decided on : Dec-11-1963

Reported in : AIR1965All217

..... air1953bom386 . chagla c. j. reiterated it and held that the arbitration act, contains the whole law with regard to arbitration and also contains the only procedure which can be resorted to with regard to all matters arising, out of arbitration agreements and awards. these two bombay cases were followed in chandrabhaga sadashiv ..... a suit for a declaration that the award was not binding and for an injunction to restrain the execution. the second schedule to the civil procedure code applied to arbitrations in other areas. several avenues for causing trouble were open to a party objecting to an award. under both these enactments ..... parties are neighbours residing in adjoining houses. there is a piece of land in between the houses of the parties shown as abcdef in the plaint map. the plaintiff claims that he is the owner in possession of this land. the defendant has recently demolished the plaintiff's wall a ..... shall pronounce judgment according to the award and thereupon a decree shall follow. such a decree is executable like any other decree of a competent civil court. in chapter 5 of the act two new provisions were added viz., sections 31 and 32. section 31 provides that notwithstanding anything contained ..... been enforced by execution under section 15, is no bar to a suit to have it declared void and for consequential relief.8. the civil justice committee in its report (1924-25) stated that on the whole, experience shows that arbitration is an extraordinary ineffective device; that the .....

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Feb 02 1963 (HC)

Shyam Swarup Saksena Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Feb-02-1963

Reported in : AIR1963All426

..... under section 6. under section 8 he measures and marks out the land to be acquired. under section 9 he gives notices to persons interested in the said land.the procedure to be adopted in the enquiry that follows is prescribed in sections 10 and 11 of the act. the collector then gives an award under section 11, which is declared ..... the entire proceedings were illegal on the ground that the notification under section 4 of the act contained the aforesaid direction, then a suit could have been filed in the civil court challenging the validity of the said proceedings after the issue of the said notification on that ground.on behalf of the opposite parties, the learned counsel further argued that .....

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