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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1966 Page 1 of about 10 results (0.038 seconds)

Aug 10 1966 (HC)

B.R. Sharma Vs. Nanak Chand Shadi Ram

Court : Allahabad

Decided on : Aug-10-1966

Reported in : AIR1967All487

..... the plaintiff to verify a fact which has been admitted by the defendant. i think the case is covered by section 99 of the code of civil procedure which provides:--'no decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.--no decree shall be reversed or substantially ..... of loan. the execution of the promissory note is admitted by the defendant and his story of coercion or fraud has been rejected as untrue. the original verification of the plaint was correct and valid on the face of it. it was only in cross-examination, four years later, that he ..... the business transactions of the plaintiff firm the defendant amended his written statement and added a plea based en improper verification of the plaint four years after the plaint was filed. but meanwhile the defendant had admitted the execution of the promissory note therefore the admission of the mukhtar-i-am ..... make a technical fetish of rule 14 but apply it according to reason and commonsense.6. secondly learned counsel contended that the verification of the plaint is defective inasmuch as the mukhtar-i-am stated that the contents of paragraphs 1 to 5 were true to his 'personal knowledge' a ..... the plaintiff firm had suffered losses he contended that the note was without consideration. he also raised a number of technical pleas--namely, that the plaint had not been properly framed, instituted and signed by the plaintiff firm according to law.2. the trial court disbelieved the defendant's story .....

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Dec 01 1966 (HC)

Lala Gur Prasad Vs. Smt. Laxmi Devi

Court : Allahabad

Decided on : Dec-01-1966

Reported in : AIR1968All201

..... ought to have been allowed and the two tower courts were wrong in rejecting the application for amendment.4. the suit by one of the mortgagees only for a part of the share in the mortgaged property was not maintainable under order xxxiv, rule 1 of the code of civil procedure and also section 45 of the indian contract act as would appear from ..... he sought the permission for making the co-mortgagees also parties to the suit this application was made long after the expiry of the period of limitation and was rejected by the learned civil judge with the result that ultimately the suit itself was dismissed as time-barred. an appeal was filed before the learned district judge, kheri who dismissed the same ..... position, there being no dispute as to facts.8. again in pirgonda hongonda patil v. kalgonda shidgonda patil : [1957]1scr595 what happened was that there was a defect in the plaint which stood in the way of the plaintiff asking for the reliefs, he asked for that defect was removed by the amendments the quality and the quantity of the reliefs .....

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Feb 22 1966 (HC)

Smt. Maya Devi and ors. Vs. Inder NaraIn Raizaday

Court : Allahabad

Decided on : Feb-22-1966

Reported in : AIR1967All118

..... an application under section 115 of the code of civil procedure against an order of the iii temporary civil and sessions judge, budaun reversing that of the munsif budaun who had directed the respondent's plaint to be returned for presentation to the revenue court on the ground that the civil court had no jurisdiction, and directing the ..... '. a suit may be based on a single cause of action or on several different and distinct causes of action. the code of civil procedure permits a joinder of different causes of action where the plaintiffs and the defendants are the same, subject to certain limitations specified in the ..... must bear in mind certain well recognised principles of interpretation of statutes. one of them is that where two meanings are possible the court will reject the one which will make the statute oppressive in its operation. another is that the court will not interpret the act in a manner which will ..... code. the question is does the bar of section 242 apply where a suit is based on several and distinct causes of ..... not a case where the plaintiff wants several reliefs based on different and distinct causes of action.13. learned counsel for the respondent after examining the plaint had to concede that the suit is based on one cause of action only. as the revenue court could grant him some relief namely, recovery .....

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Feb 09 1966 (HC)

Town Area Committee Vs. N.L. Churaman and ors.

Court : Allahabad

Decided on : Feb-09-1966

Reported in : AIR1966All370

..... been dismissed and that their appeal under section 18 had been dismissed by the district magistrate. in the examination under order x of the code of civil procedure its counsel admitted that the colleges in which the respondents are employed are situated beyond the limits of the town area, that they do ..... that the only activity that they do is serving as teachers. on behalf of the respondents it was admitted that their appeals against the assessments were rejected by the district magistrate. the trial court framed the following issues:-- '1. whether the plaintiff earned any income within the limits of the defendant ..... amount each of them has been assessed on account of circumstances and to which amount on account of property. they have stated in their plaint only the total amount of the tax to which each of them has been assessed. they have not stated whether it is on account ..... it arises out of a suit brought by the respondents against the appellant for a declaration and injunction. 2. the allegations contained in the plaint were as follows: the respondents are permanent residents of places outside the limits of the town area of sirsaganj and are employed as teachers in ..... constitution was barred by section 20 of the act providing that 'no assessment made and no order passed under this act..... shall becalled into question in any civil court'. the learned chief justice said as follows:-- 'the clause 'an assessment made' cannot mean an assessment properly or correctly made . . . an .....

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Feb 08 1966 (HC)

Radhey Shyam Vs. Beni Ram Mool Chand

Court : Allahabad

Decided on : Feb-08-1966

Reported in : AIR1967All28

..... by the court below.9. the first question for determination obviously is the question of good faith of the plaintiff in prosecuting the civil suit at aligarh. in the plaint, the plaintiff alleged that the contract had taken place at harduaganj and the price was also to be paid at harduaganj. this statement ..... the court at aligarh had no jurisdiction to entertain the suit the appeal filed by the plaintiff was dismissed by the learned civil judge on the 19th of may, 1954. the plaint was returned to the plaintiff for presentation to the proper court on the 25th of august, 1954. the plaintiff then filed ..... led evidence and on the basis thereof, the court disbelieved the plaintiff's evidence and held that the statements were not proved. but when the plaint was taken back and presented again in the court at kanauj and limitation was sought to be saved under section 14 of the indian limitation act, ..... court was according to him right in relying upon the findings of the aligarh court and holding that the plaintiff had made false allegations in the plaint in order to give jurisdiction to the aligarh court the main point for consideration in this appeal on this question therefore, is whether the decision ..... court at aligarh and concluded that the plaintiff did not prosecute the suit at aligarh with good faith as he deliberately made false allegations in the plaint in order to give jurisdiction to the aligarh court. it held that the plaintiff could not get the benefit of section 14, limitation act. on .....

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Aug 19 1966 (HC)

Parmatma Prasad Vs. Mt. Sampatti and ors.

Court : Allahabad

Decided on : Aug-19-1966

Reported in : AIR1968All184

..... a document contains allegations or recitals of facts and a party relies on these recitals in proof of his own allegation of facts, and the court either rejects the recitals as incorrect or misunderstands their effects, this is not a misconstruction of the document but an erroneous view of the facts stated in the ..... the plaintiff appellant parmatma prasad and the defendant-respondent mst. sampatti are adjacent with a vacant plot of land between them. the plaintiff alleged in his plaint that the strip of land between the two houses belonged to him and he had constructed a latrine on it for his use, that the defendants had ..... that the view of the lower appellate court that the plaintiff had not established his title to the strip of land is erroneous. he contended that the civil judge had misconstrued a document produced by the plaintiff and this vitiated his assessment of evidence this argument is based on a misunderstanding of the phrase ' ..... mandatory injunction to the defendants to close up the door and window in their wall.4. the defendants appealed and the plaintiff filed a cross-objection. the civil judge, disagreeing with the trial court, found that the plaintiff-respondent had not established any title to the land -- not even a possessory title, and was ..... s.s. dhavan, j.1. this is a plaintiff's second appeal from the decree of the civil judge, gorakhpur reversing that of the 3rd additional munsif and dismissing his suit for an injunction to restrain the defendant-respondents from .....

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Jan 17 1966 (HC)

Chajju Lal and anr. Vs. Dr. Ram Pal Singh

Court : Allahabad

Decided on : Jan-17-1966

Reported in : AIR1968All79

..... chau-dhari.13. now so far as the contention of the respondent as to the accepting or rejecting the agreement in its entirety is concerned, the agreement as accepted by the two courts below does not show that the agreement not to construct the ..... the relief which was originally claimed cannot be granted the court is not precluded from granting the plaintiff an appropriate relief even without formal amendment of the plaint, vide jugal singh alias jugal kishore v. lochan singh : air1945all10 head note (c) also see , lachme-shwar pd. shukul v. keshwar lal ..... have not been able to appreciate the reasoning of the lower appellate court in holding that the agreement is without consideration. the allegation in the plaint, if accepted, clearly did show that the plaintiffs did some act to oblige the defendant. that obligation itself to my mind is sufficient consideration ..... 1 against the agreement arrived at between the partly. it appears that though the lower appellate court accepted the agreement as alleged in the plaint but while expressing it in its judgment has made confused statement of fact. the lower appellate court having accepted the agreement has erred in ..... relevant issues and on a consideration of the oral and documentary evidence came to the conclusion that the agreement alleged in paragraph 6 of the plaint had been proved and repelling the contention of the defendant that the agreement, if any, was unlwful and contrary to section 23 of the .....

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Jan 10 1966 (HC)

Mohd. Bashir Vs. Azizul Qadar

Court : Allahabad

Decided on : Jan-10-1966

Reported in : AIR1967All1

..... amount was due from the appellant as he had deposited all the rent due from him. later, it appears that a suit under section 92 of the code of civil procedure was filed by some of the beneficlaries of the waqf for the removal of raflqual qadar from mutwalliship and for taking accounts from him. in 1957 that ..... this reason that he took steps for depositing the rent before the munsif under section 7-c (2) of the act. consequently this point must also be rejected.7. we now come to the main point which has been the cause of this reference to this full bench, viz., whether it was necessary for the ..... been urged before the division bench also and is based upon a question of fact which, it seems, was never raised at an earlier stage. in the plaint, the respondent made no mention of this deposit at all though it had been made almost two months before the suit was filed. in the written statement, ..... days laid down in section 3 (1) (a) of the act the serving of a second notice and claiming rent upto december 23, 1961, in the plaint clearly amounted to a waiver of the earlier notice dated september 26, 1961. thisobjection raised by the respondent has no force.6. the second point urged by learned ..... , 1961, while the actual deposit was made by the appellant in the court of the munsif on december, 19, 1961 this contention has no force in the plaint, the respondent has not relied on the notice dated september 26, 1961, and has actually claimed arrears of rent upto december 28, 1961. the basis of the .....

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Jan 19 1966 (HC)

Chhedi Lal Gupta and ors. Vs. Smt. Shakuran Bibi and anr.

Court : Allahabad

Decided on : Jan-19-1966

Reported in : AIR1967All269

..... orders.s. dhavan, j. 1. this is a defendants' application under section 115 of the code of civil procedure directed against an order of ii additional district judge allahabad deciding three preliminary issues in a passing off action against them. one mohammad sattar filed a suit against ..... to entertain the suit, though it is open to the defendant to raise such pleas in defence as are open to him under the law.9. the application is rejected with costs.10. mr. k.n. seth has drawn my attention to the fact that this suit was filed in 1952. i think it is high time that ..... the applicant contended that the order of the court below is illegal because on the face of it the plaint disclosed no cause of action and the court had no jurisdiction to entertain a suit for infringement of trade mark. learned counsel argued that the view of the court below ..... the aforesaid act did not bar the suit; that the suit was not only an action of infringement of trade mark but also a passing off action; and that the plaint disclosed a cause of action for a claim of passing off. aggrieved by this order the defendants have come here in revision.3. mr. r. c. ghatak for ..... . 2 (b)--how do sections 28(3), 29 and 30(1)(d) of the trade and merchandise marks act 1958 affect the suit? issue no. 7--does the plaint disclose no cause of action for the claim of passing off?'2. after hearing the parties the learned judge decided all these issues against the defendants. he held that section .....

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May 13 1966 (HC)

Rajindra Kishore Sahi Vs. Durga Sahi

Court : Allahabad

Decided on : May-13-1966

Reported in : AIR1967All476

..... , and good conscience must be applied and these rules meant those of the english law if found applicable to indian society and circumstances.the bench rejected the argument advanced on behalf of the plaintiff by sir sunder lal that the rules of english law should not be applied to india because the ..... said he filed a suit for damages for slander. the defence was that the statement made in the court by lachhman dass was absolutely privileged.rejecting this plea the high court held that the remark made by lachhman dass was wholly irrelevant to the matter of inquiry and was uncalled for ..... slander. the defence was that the statement was absolutely privileged as it had been made by a counsel appearing in judicial proceedings this plea was rejected bv the division bench on the ground that the defamatory statement had no reference to the matter before the court and was irrelevant and therefore ..... . p. c. the absolute privilege enjoyed by a witness under the english law has been reduced to a qualified privilege but in civil defamation, there being no statute or code governing the law of torts, the principles of the english law, which are based on equity justice and good conscience are applied unless ..... two cross cases under section 107 cr.p.c. and the cross-examining counsel was himself an accused in one of the cases. in his plaint, the plaintiff appellant has admitted that the relations between the plaintiff and the defendant had been strained for some time before these proceedings and that .....

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