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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1965 Page 1 of about 8 results (0.025 seconds)

May 17 1965 (HC)

Raj NaraIn Saxena Vs. Bhim Sen and ors.

Court : Allahabad

Decided on : May-17-1965

Reported in : AIR1966All84

..... officer and in the case of a pauper, when his application for permission to sue as a pauper is made. the rules regarding plaints are contained in order 7 of the code of civil procedure. a plaint must contain, inter alia, the facts constituting the cause of action and when it arose, the fact showing that the court has ..... not contemplate that such an application can be made to any court and that any court in which it is made must follow the procedure laid down in order 33. rejecting an application for permission on the ground of want of jurisdiction or on the ground of bar of limitation is as much refusal to ..... its doing so; it is its inherent jurisdiction.therefore, if a court has no power to entertain a suit it must refuse to entertain it and reject the plaint (in the absence of a provision authorising it to return it for presentation to the competent court). if rule 10 of order 7 does not apply ..... be returned to him so that he may present it to the competent court. if rule 10 did not exist the court would be bound to reject the plaint. every authority is bound to see that it has the power which it is asked to exercise. a statutory authority has only these powers which the ..... order returning an application for permission for presentation to the competent court with the provisions of order 33 but i do not apprehend any difficulty in reconciling rejection of such an application on the ground of want of jurisdiction (or of bar of limitation) with the provisions of order 33.the decision of the .....

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Sep 20 1965 (HC)

H.A. Sarkies and anr. Vs. District Magistrate and anr.

Court : Allahabad

Decided on : Sep-20-1965

Reported in : AIR1966All458

..... suit between the same parties would not apply in the instant case as that rule of law is peculiar to section ii of the code of civil procedure and is not a part of the general doctrine of res judicata, alternatively it was submitted by sri ansari that the present writ petition ..... the petitioners would get an effective relief.26. as a result of the discussion above thecontention no. 5 raised on behalf of the petitioners is rejected. contentions nos. 6 and 7raised on behalf of the petitioners are foundtenable and are accepted. it is not necessaryto consider contention no. (sic) ..... in support of their application relating to the release of the accommodation in dispute and by an order, dated 17-9-1964, the district magistrate rejected their application. a copy of the order passed by sri b.n. tandon, district magistrate, meerut, dated 17-9-1964 has been annexed ..... 1962 from the rent control and eviction officer, meerut, petitioner no. 1 was informed that the district magistrate had considered the request for release and rejected the same. by an order, dated 30-1-1962 the additional district magistrate nominated kailash bhan; special land acquisition officer to occupy the accommodation. ..... the petitioners. on behalf of the petitioners several applications were filed for releasing the accommodation for their genuine need but all of them were rejected by the district magistrate who continued to retain possession of it and went on nominating government officers who occupied the same and on the .....

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Feb 02 1965 (HC)

Zila Parishad (District Board) Vs. Smt. Shanti Devi and anr.

Court : Allahabad

Decided on : Feb-02-1965

Reported in : AIR1965All590

..... in the plaint but it does not follow that the non-payment is a part of the cause of action. the non-payment is ..... acts regarding local authorities and as i shall have an occasion to deal with some of them, i reproduce them here. section 80 of the code of civil procedure requires a notice before suing 'a public officer in respect of any act purporting to be done by such public officer in his official capacity.' ..... action on account of their being stated along with it in the plaint. the statement of the circumstances is the requirement of a plaint and not of a cause of action. forms nos. 1 to 13 of appendix a of the code of civil procedure show that a plaintiff suing for money must plead non-payment ..... lord simonds speaking for the judicial committee said with reference to the words used in section 270 of the government of india act and section 197 of the code of criminal procedure: 'it is idle to speculate why a change of languagewas made ....... it is ........ impossible to differentiate between the two sections ........ a publicservant can ..... time according to section 192 of the district boards act. the trial court decreed the suit for rs. 750/-, rejecting the claim for damages and the decree was maintained on appeal by a civil judge. then the applicant filed this revision application.4. section 192 of the district boards act, so far as .....

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Dec 06 1965 (HC)

Habibur Rahman Khan Vs. Pooran and ors.

Court : Allahabad

Decided on : Dec-06-1965

Reported in : AIR1966All353

..... appellants that the suit had not abated, because of the applicability of order xxii rule 6 of the code of civil procedure and that the provisions of order xxii rule 4 of the code of civil procedure did not apply. on 14th october, 1950 the appellants made an application for substitution of the legal representatives ..... from the date of death of the deceased party. no specific order by any court is required to bring into effect an abatement. the code of civil procedure however provides tor an application for setting aside the abatement. an order refusing to set aside an abatement or granting an application for setting ..... prescribed period of 90 days. they failed to show that there was sufficient reason for setting aside the abatement. the order of the trial court rejecting the prayer for setting aside the abatement against data ram was therefore, light and must be upheld. 5. then comes the question whether we ..... set aside and his representatives be made a party.' on that very day, this application was allowed by making an order for amendment of the plaint on payment of rs. 10 as costs. it is an admitted fact that the costs were not paid and the various applications came up for ..... circumstances. the appellants filed a suit against three parsons, namely, data ram, chhuttan and babu lal for possession of the properties mentioned in the plaint and for mesne profits on the allegation that they had taken wrongful possession of the properties and were trespassers. during the trial of the suit, .....

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Sep 20 1965 (HC)

Vijai Pratap Singh Vs. Ajit Prasad and ors.

Court : Allahabad

Decided on : Sep-20-1965

Reported in : AIR1966All305; 1966CriLJ632

..... criminal but sui generis. a high court punishes contempt of court as a court of record in exercise of its inherent jurisdiction and the procedure that it adopts is governed neither by the code of civil procedure nor by the criminal procedure '13. in manoharlal v. prem shankar tandon mr 1960 all 231, it was held:--'there are two- classes of contempt, viz(1) a ..... criminal contempt, and (2) a civil contempt ... it is true that even a civilcontempt, when proceedings are taken underthe contempt of courts act, assumes a ..... him from congress organisation, had directly interfered with the normal course of justice by hampering the progress of the suit. the learned munsif by his order, dated 30-5-1964 rejected the aforesaid application mainly on the ground that the present respondents were not parties to the suit. hence the petitioner has filed the instant application in this court for punishing ..... that the election officer had committed certain illegalities and irregularities in conducting the said election; as such the same may be declared to be void and inoperative. along with the plaint the petitioner had also filed an application for injunction whereupon the munsif issued an ad interim order, dated 18-4-64 restraining the district election officer. assistant district election officer .....

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Sep 20 1965 (HC)

Smt. Raisa Sultana Begam and ors. Vs. Abdul Qadir and ors.

Court : Allahabad

Decided on : Sep-20-1965

Reported in : AIR1966All318

..... unilateral than the institution of a suit, which requires co-operation of the court (unless the court co-operates in receiving the plaint there is no institution).7. there is no provision laying down the procedure for withdrawing a suit, the manner in which it can be withdrawn and the essential physical acts required to be done to ..... the fact to the court when a person institutes a suit he first makes a mental decision to institute it and then does the physical act of preparing a plaint, signing and verifying it and presenting it in court. a suit is instituted onlv when this physical act is done; no suit came into existence merely on ..... where he observed at p. 766:--'order 23.....does not make any provisionfor withdrawing a withdrawal; and so it would seem that there is no provision in the code whereby the withdrawal of a suit....can be cancelled. the only thing that can now be done for the plaintiff is to grant her permission....to file a fresh ..... fast and loose with the litigation launched by him at his sweet will and pleasure. sundara aiyar, j. referred to the absence of any provision in the code giving a right to a defendant to insist that a petition of withdrawal not acted upon by the court must be enforced as against the plaintiff and thought that ..... desai, c.j.1. this revision is directed against an order passed by a munsif rejecting an application of ghufran ahmad, applicant no. 3 revoking his withdrawal from the suit.2. the suit was filed in the court of the learned munsif by .....

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Jan 11 1965 (HC)

Thakur Govind Deoji Birajman and ors. Vs. Susalli and ors.

Court : Allahabad

Decided on : Jan-11-1965

Reported in : AIR1967All278

..... case was that their ancestors became pujaris when the lemple itself was founded. they denied that the temple at barsana was the subsidiary of the vrindaban temple. this case was rejected by the lower appellate court and the plaintiffs now want to fall back upon ah alleged agreement filed by the defendant himself as a part of his case but the ..... as managers (mohatiman) of the deity. they were also added in the array of plaintiffs. the defendant is one susalli a tenant of the deity. it was alleged in the plaint that the plaintiff was the owner of a piece of land which was let out to the defendant susalli on rs. 2/- per month as rent: that he had not ..... rent from him. it also held that the defendant was a tenant of these plaintiffs. accordingly it decreed the suit for ejectment and recovery of rent. on appeal the learned civil judge disagreed with the trial court with regard to the status of the two plaintiffs or their capacity to file the suit on behalf of the deity. he held that ..... s.s. dhavan, j. 1. this is a plaintiffs' second appeal from the decree of the temporary civil and sessions judge of mathura dismissing their suit for the ejectment of the defendant respondent and recovery of arrears of rent from him as well as damages for unauthorised use .....

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Apr 12 1965 (HC)

Purshottam Lal Sayal Vs. Prem Shanker

Court : Allahabad

Decided on : Apr-12-1965

Reported in : AIR1966All377

..... is a cardinal principle of statutory interpretation that every part of a statute must be regarded as material and given effect to and no part rejected as superfluous or decorative.27. mr. ansari's statement that the official text of the constitution makes no reference to sub-section (2) of ..... into the text of the parent constitution, like the amending articles in the american constitution.23. article 368 of our constitution which provides the procedure for its amendment does not enjoin that an amendment to be effective must alter the text of any existing provision. it runs thus:'368. ..... several other persons appeared for the plaintiff. the plaintiff himself appeared in the witness box and confirmed the allegations made by him in the plaint. sri bishan das deposed that the appellant had made the disputed remarks attributed to him in his presence. the appellant also appeared in the ..... in relation to defamation should not be given the restricted meaning under clause 10 of article 366. the law of defamation is criminal as well as civil, the former statutory and the latter unwritten. criminal defamation is punishable under section 500, i. p. c., while libel and slander are actionable wrongs ..... reasonable restrictions on this right in respect of eight matters specified in this clause, one of which is defamation. the law of defamation, criminal and civil, existed at the commencement of the constitution. but mr. ansari argued that all laws imposing restrictions were not saved under clause (2) but .....

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