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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1964 Page 1 of about 20 results (0.027 seconds)

Jan 03 1964 (HC)

Major Dal Chand Singh Pratap Vs. Swarn Pratap

Court : Allahabad

Decided on : Jan-03-1964

Reported in : AIR1965All46

..... 10 of the act are in the nature of a civil suit from which it can reasonably follow that the petition is in the nature of a plaint. section 21 of the act makes the applicability of the provisions of the code of civil procedure subject to rules. this court as already said earlier ..... such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, 1908 (act v of 1908)'. if there is nothing to the contrary in the act, it would appear that order 7, rule 1, c ..... purporting to act under sections 14 and 21 of the act, has framed rules. the opening words of rule 5 are relevant for our purposes. they are : '5. contents of petitions. in addition to the particulars required to be given under order vii rule 1 of the code ..... is a part of the judgeship of saharanpur and there is one common district judge for both the districts who sits at saharanpur. instances of civil judges and district judges exercising the same jurisdiction are well known to several matters. as for example, insolvency proceedings. normally, a district judge is ..... the latter provision providing that 'every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnised or the husband and the wife reside or last resided together' section 3(b) of the act defines 'district .....

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May 04 1964 (HC)

Syed Ashfaq HusaIn Sajjad HussaIn Vs. Sant Ram and anr.

Court : Allahabad

Decided on : May-04-1964

Reported in : AIR1964All420

..... the learned district judge. it cannot, therefore, be held that it was an order under section 24 of the code of civil procedure. this argument, therefore, has no force and should be rejected.10. the case was thus tried by the munsif under the orders of the district judge who was under the ..... lie and the hon'ble judge did not think it fit to interfere suo motu in view of the provisions of section 646-b of the code of civil procedure the appeal was dismissed. that case also is, therefore distinguishable.16. two cases of the madras high court wereconsidered by the learned judicial commissioner ..... the plaintiff. the district judge, in appeal reversed the decree and an application was filed before the judicial commissioner under section 115 of the code of civil procedure. the judicial commissioner held that as the parties had had a full trial before the munsif and in appeal to the district judge without objection ..... other court as may have jurisdiction over the subject-matter. if the additional district judge did not himself have jurisdiction under section 24 of the code of civil procedure to transfer the case, he was to take orders as regards its transfer from the district judge, gorakhpur.11. as to the question what ..... be glad to find mode of escape, but he had no alternative but to set aside all the proceedings in the suit and directed that the plaint be returned for presentation to-proper court. thus, probably, if this aspect had been brought to his notice, his decision too could have been .....

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Nov 09 1964 (HC)

National Building Material Supply Vs. Jai Jai Ram Manohar Lal

Court : Allahabad

Decided on : Nov-09-1964

Reported in : AIR1965All586

..... of a firm doing business outside india is not by itself a nullity. it is a plaint by all the partners of the firm with a defective description of themselves for the purposes of the code of civil procedure.' 14. it is note-worthy that the above quoted observations only relate to a firm ..... such facility or privilege to partners constituting a firm doing business outside india. the existence of the provisions of order xxx in the code does not mean that a plaint filed in the name of a firm doing business outside india is not a suit in fact by the partners of that firm ..... . mohomed, : air1955mad294 ; the underlined (here in, ' ') and brackets are mine:--'if, however, imperfectly and incorrectly a party is designated in a plaint the correction of the error is not the addition or substitution of a party but merely clarifies and makes apparent what was previously shrouded in obscurity by reason ..... ............ beforethe words 'jai jai ram manohar lal, ramnagar, (the words) 'manohar lal malik' may kindly be added, and that in para 1 of the plaint between the words 'yeh ki muddai' and 'karobar arhat lakri' the words 'aznam jai jai ram manohar lal' may kindly be added.'4. the aforesaid amendment ..... plaintiffs. this was seriously objected to by the defendant to that suit. the trial judge rejected the application, but on an appeal before a division bench of the calcutta high court the amendment of the plaint was allowed with the result that the defendant went up to the supreme court in appeal .....

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Dec 21 1964 (HC)

Mst. Kiran Devi Vs. Abdul Wahid and anr.

Court : Allahabad

Decided on : Dec-21-1964

Reported in : AIR1966All105

..... am thus of opinion that the word 'decree' must be given the meaning assigned to it in the code of civil procedure.9. by virtue of section 141, c. p. c. the procedure provided in the code of civil procedure in regard to suits has to be followed, as far as it can be made applicable, in all ..... has not been defined in the limitation act, nor in the general clauses act, and, consequently, it can be assigned the meaning given to it under the code of civil procedure. there under, as laid down in section 2(2) thereof, 'decree' means the formal expression of an adjudication which, so far as regards the court ..... of abdul wahid. on 3-1-1962 the mother of smt. kiran devi applied for the custody of the minors but the application was summarily rejected and the present restoration application was moved on 9-1-1962 on the ground that smt. kiran devi did not attend the court of the district ..... it was laid down therein that:'the word 'suit' ordinarily means, and apart from some context must be taken to mean, a civil proceeding instituted by the presentation of a plaint.'12. the learned advocate for the opposite party invited my attention to a few reported decisions but they can all be distinguished on ..... made under section 10 was not regarded as a decree for the reason that the proceeding had started on an application and not by presentation of a plaint. the privy council decision in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. , can be of assistance in determining whether the present .....

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Nov 25 1964 (HC)

Municipal Board Vs. Bir Singh and ors.

Court : Allahabad

Decided on : Nov-25-1964

Reported in : AIR1965All527

..... section 11, c. p. c., the court trying the former suit should have been competent to try the subsequent suit itself. (see chitaley's commentary on the code of civil procedure, volume i, page 415).29. mr. shanti bhushan contended that, that requirement must be confined to cases strictly falling under section 11, c. p. c. section ..... and to bury it somewhere else or dispose it of.'on that application, the munsiff passed the following under (ex- a-31) on 28-4.1947:--'rejected, issue notices'.in the first place, that brief order was very confusing, secondly, all that one could perhaps gather from that order is that, the munsiff ..... taken to be admitted.....' the written statement in the present case does not contain a specific denial of the allegations contained in para. 4 of the plaint. it is true that in para. 13 of the written statement it was pleaded that the plaintiff had no title to the manure in dispute. but ..... the judgment-debtor was entitled to remove the manure up to the time the decree-holder obtained possession over the laud. in para, 4 of the plaint of the present suit (suit no, 7 of 1952) the plaintiff stated :'that the plaintiff while holding the said plot was using it for depositing ..... 8, rule 5, c. p. c. a written statement must contain a specific denial of an allegation in the plaint. order 8, rule 5, c. p. c. states : 'every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant .....

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Dec 02 1964 (HC)

The General Assurance Society Ltd. Vs. Mohd. Salim

Court : Allahabad

Decided on : Dec-02-1964

Reported in : AIR1965All561

..... absolutely wrong and was mala fide and was liable to be dismissed. the defendant claimed special damages under section 35a of the code of civil procedure.4. the learned additional civil judge of moradabad held that he had jurisdiction to entertain the suit and that the suit was not barred under clause 18 of ..... a final decision of the claim preferred by him and ultimately the defendant, on a very flimsy excuse, repudiated its liability under the policy and rejected the plaintiff's claim. the plaintiff contended that it was wrong to suggest that the fire originated in a double-storeyed building adjoining the insured ..... 32. exhibit 3 is the final letter dated 14th october, 1950 sent to the plaintiff by the society repudiating its liability under the policy and rejecting the plaintiff's claim. this letter mentions that certain mis-descriptions contained in the proposal form rendered the policy void under clause 1 of the ..... the income assessed in the year 1948-49 which showed the flourishing condition of the plaintiff's business. it is stated in paragraph 9 of the plaint that on 5th march 1950 at about 8-30 p.m. when curfew order was in force in moradabad, on account of communal riots and ..... 20,900/- on a policy of fire insurance on general merchandise goods belonging to the plaintiff.2. the case of the plaintiff, according to the plaint allegations, was that the plaintiff had been carrying on business of general merchandise on a large scale for a long time and had acquired good reputation .....

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Nov 19 1964 (HC)

Rustam Khan Vs. Ahmad Bux and ors.

Court : Allahabad

Decided on : Nov-19-1964

Reported in : AIR1966All163

..... of the appellant that it is a new power given to the court and before 1956, when this provision was inserted in section 92 of the code of civil procedure, the courts had no jurisdiction to dispossess a trustee whom they had removed from the trust property and for that purpose a fresh suit had to be ..... of the property in the new mutawallis appointed by the sunni central waqf board. the first submission, therefore, in our opinion is not well founded and is rejected. 6. so far as the second submission is concerned, we have found it difficult to accept the argument advanced on behalf of the judgment-debtor appellant that ..... the dead of the naddaf community in village rasulpur by its zamindar........'. the appellant was the mutawalli of the waqf of the graveyard. the allegation in the plaint filed in the suit under section 92, c. p. c. was that the defendants appellants had started appropriating the grave-yard for their own purpose by ..... and other judgment-debtors is really outside the scheme part of the decree. we have already said earlier that one of the reliefs claimed in the plaint in the suit under sec. 92, c. p. c. was a scheme for the management of the waqf properly with the mutawallis. all the reliefs claimed ..... in the plaint were granted by the learned judges who decided first appeal no. 154 of 1947. they decreed the plaintiff's suit with costs without dismissing it in any .....

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Nov 25 1964 (HC)

irfan Ahmad Vs. Abdul Wahid and ors.

Court : Allahabad

Decided on : Nov-25-1964

Reported in : AIR1966All166

..... did not lose its jurisdiction to proceed with the suit on account of the enforcement of act xxviii of 1961. the plea of want of jurisdiction in the civil court must, therefore, be rejected. 9. on the merits, the contention of mr. pandey is that on the plaintiff's own showing all the three defendants were co-sharers in khewat no. 13 ..... jurisdiction the division bench of this court which heard the appeal also observed that 'assuming that the plaint, as originally filed, disclosed a suit not cognizable by the civil court, and assuming also that the amendment would have made it cognizable ..... the amendment act, would be cognizable by the revenue court only can be heard and determined by the civil court and it is not necessary for the civil court to return the plaint for presentation to the revenue court. the result, therefore, is that the civil court became properly seized of the suit after the enforcement of the u. p. zamindari abolition and land ..... suit or to return the plaint for being presented to the proper court. may in this connection refer to the case of deokinandan pandey v. ram chandra tewari : air1938all17 . the suit which had given rise to the appeal in that case was certainly held to be a suit which was cognizable by the civil court but in rejecting the plea of want of .....

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Nov 13 1964 (HC)

The Chief Inspector of Stamps Vs. Ramesh Chandra Ghatak and ors.

Court : Allahabad

Decided on : Nov-13-1964

Reported in : AIR1966All189

..... act, and render the plaintiffs liable to pay an ad valorem court-fee on that part of their plaint. section 539 of the old code corresponds to section 92 of the present code of civil procedure, and it was as below:--'in case of any alleged breach of any express or constructive trusts created ..... general clause contained below the five reliefs detailed in section 539. the above decision being in a case under section 539 of the old code of civil procedure, cannot be made applicable to section 14 of the religious endowments act which does not contain any general clause like the one contained in section ..... lal, ilr 21 all 200, it was observed that the mere fact that the plaintiffs in a suit under section 539 of the old code of civil procedure had asked for an account to be taken from the trustees and that the trustees be compelled to refund monies alleged to have been misappropriated ..... a relief for accounts and it was necessary for the plaintiff tovalue the relief and to pay court-fee on such valuation.4. the learned civil judge rejected the objection holding that clause (b) of section 7(iv) of the court fees act was inapplicable considering that the plaintiff was not claiming ..... section 14 of the religious endowments act, 1863, permits any person interested in a religions establishment, or the trust relating thereto, to sue before the civil court the trustee or manager of the religious establishment or the member of the trust committee, for any misfeasance, breach of trust or neglect of .....

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May 21 1964 (HC)

Manna Lal Vs. Mst. Chhotka Bibi and ors.

Court : Allahabad

Decided on : May-21-1964

Reported in : AIR1964All552

..... . it was held that the memorandum of appeal which was defective on accounl ot proper court fee not having been paid, even it admitted and then rejected on that ground, could not be treated to be an appeal. the privy council case was considered and was distinguished on the ground that the appeal ..... provisions of the court fees act requiring refection of an insufficiently stamped document or prohibiting its reception. it is not possible to reconcile the provisions of section 149 civil procedure code with the clear and emphatic provisions of section 4, court fees act except in one way, which i shall state presently. in wajid ali v. isar ..... only unambiguous but also emphatic and absolute, bearing no exception at all. section 6(2) of the court fees act allows a court to receive a plaint or a memorandum of appeal even though it is insufficiently stamped but it is not to be acted upon unless the plaintiff or the appellant makes good ..... is a special law dealing with the subject of payment of court fees on documents produced in courts. therefore, section 149 of the code cannot limit or otherwise affect section 4 of the court fees act and does not permit an insufficiently stamped memorandum of appeal to be received ..... provisions of section 4. actually it must give way to section 4; section 4(1) of the code itself lays down that 'in the absence of any specific provision to the contrary nothing in this code shall be deemed to limit or otherwise affect any special or local law now in force.' the court .....

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