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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1968 Page 1 of about 7 results (0.024 seconds)

Oct 28 1968 (HC)

Union of India (Uoi) and anr. Vs. Hem Chandra and ors.

Court : Allahabad

Decided on : Oct-28-1968

Reported in : AIR1970All228

..... for registration of his claim. such application shall be signed and verified by the claimant in the same manner as a plaint is required to be signed and verified under the code of civil procedure, 1908. explanation:-- an application under this sub-rule shall lie in respect of a claim for refund of money ..... rule 22 of the administration of evacuee property (central) rules, 1950 (hereinafter referred to as the rules). that application was also rejected, and the respondents were directed to go to the civil court. the respondents accordingly, after giving notice under section 80, c. p. c., filed the suit giving rise to the present ..... arising out of that order was finally disposed of, or whether it will be the date when the application under rule 22 of the rules was rejected on 7-6-1954. if we accept 19th october, 1951, and there is no reason why it should not be accepted, as the date ..... property. (2-a) in any case which does not fall under sub-rule (2), the custodian shall direct the claimant to establish his claim in a civil court. (3) ........................ (4) ........................ explanation-- nothing in this rule shall debar the custodian from meeting the day to day expenses incurred in the management of ..... . section 46(d) of the act does not stand as a bar to the civil suit. the respondents, asindicated earlier, first applied for confirmation of the sale under section 40 of the act; but that was rejected. thereafter they applied under rule 22 of the rules. rule 22 so far as it .....

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Nov 19 1968 (HC)

Duryodhan Vs. Sitaram and ors.

Court : Allahabad

Decided on : Nov-19-1968

Reported in : AIR1970All1

..... act, but the tribunal had not been conferred by the act any jurisdiction to set aside such an order. the bench rejected the submission. it held that thescheme of the act was not to confer all the powers under the code of civil procedure which a court possesses, upon the tribunal. the only power possessed by the election tribunal to dismiss the election petition ..... are consequential on that'. this shows that it was held that the rules relating to appearance of parties and the consequence of non-appearance are part of the procedure prescribed by the code of civil procedure for the trial of suits and are consequently applicable to the trial of election petitions. the fact that order 9, rule 13 is applicable is further clear from ..... of the petition. the matters relating to theservice of summons, calling for and finalising the pleadings, and settling the issues, are all constituent stages of the trial. the 'procedure' provided by the code of civil procedure in relation to these various matters would govern the proceedings arising out of an election petition, in virtue of section 90 (1) of the act.29. the next ..... proceed on with the election petition to frame issues and then to decide them even though there is no written statement. similarly, order 7, rule 11, civil p.c., entitles the court to reject a plaint if it discloses no cause of action. that is a stage even prior to the issuance of summons to the defendant. if such an order, even though .....

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Dec 10 1968 (HC)

Smt. Gauri Devi Vs. Bishwanath Banerjee

Court : Allahabad

Decided on : Dec-10-1968

Reported in : AIR1970All185; 1970CriLJ310

..... judge, varanasi during the pendency of the said proceedings for restitution of conjugal rights smt. gauri banerji applied for interim maintenance and expenses for defending the case. this application was rejected. it was then alleged that without the knowledge of the plaintiff and without any notice being served upon him, smt. gauri took proceedings before the magistrate in deoghar under section ..... .4. on behalf of the appellant it was urged by her learned counsel that an order passed under section 488 of the criminal p.c. even assuming there was some procedural irregularity could not be set aside by a civil court and the only remedy which was open to the aggrieved party was to file an appeal or revision under the ..... after the record had been received by it from, this court. the pleas of a specific nature having been raised in the plaint and the proper relief having been sought, the court at varanasi will have jurisdiction to entertain the suit.5. coming to the main question arising on the appeal, namely, the ..... despite time having been granted to the learned counsel for the defendant-appellant has not been opposed. i have allowed the amendment to be incorporated in the plaint. it would be open to the defendant to file a fresh written statement to meet the explicit pleas raised for which reasonable time will be granted by the lower court .....

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Sep 23 1968 (HC)

Jai NaraIn Har NaraIn and anr. Vs. L. Bulaqi Das S/O. L. Munna Lal

Court : Allahabad

Decided on : Sep-23-1968

Reported in : AIR1969All504

..... even if it is treated as the 'subsequent suit', certainly is not one which the district judge is competent to decide. therefore section 11 of the code of civil procedure can neither be invoked nor applied. the legal position would be the same whether an appeal which lay in the court of the district judge was filed ..... 7 cannot operate as res judicata in this appeal. that case is distinguishable on facts and is with respect to the interpretation of section 11 of the code of civil procedure .....we are therefore of opinion that both in view of the facts of the case and the provision of law applicable to that case, that case ..... by one judgment but two decrees, and an appeal is preferred against the decree in one but it is either not preferred in the other or is rejected as incompetent, does the matter decided by the latter decree become res judicata, so that it cannot be reopened in appeal against the former?' the learned ..... judge against the decrees in suits nos. 77 and 91 of 1950. the appeals before the district judge were transferred to the high court. this court rejected appeal no. 453 of 1951 on 9th of october 1953 as barred by time. it also dismissed appeal no. 452 of 1951 on 7th of october ..... so, its effect on the suit? 3. whether the defendants had agreed to pay to plaintiff expenses under head kha to na detailed in para 3 of the plaint? 4. whether the plaintiffs are entitled to claim interest, if so, at what rate and how much? 5. whether the plaintiff sent 500 maunds of gur by .....

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Aug 29 1968 (HC)

Mahant Manadeo Vs. Mahant Yaduvansh Deo Gopinath

Court : Allahabad

Decided on : Aug-29-1968

Reported in : AIR1969All571

..... police surveillance, it would certainly be open to persons having interest in the trust, to file a properly constituted suit under section 92 code of civil procedure after obtaining necessary sanction from the advocate general of the state, for his removal and for all other reliefs which could possibly be claimed ..... not record the defendant's name in the municipal register unless a deed had been obtained from the plaintiff. there is no difficulty in rejecting the explanation at once. the municipal board was not at all concerned with the question of right and title to immovable property. it had ..... setting aside the deed dated 11th january 1951; for the ejectment of the defendant from daraganj sangat property mentioned in schedule i of the plaint; for injunction restraining the defendant from interfering with the plaintiff's management of the sangat in suit and its properties and for rendition of ..... the suit in forma pauperis.5. the suit was contested by the defendant. he filed a written statement traversing most of the allegations in the plaint. it was, however, admitted that the plaintiff was in management of the property till the 5th april 1950. according to the defendant, the ..... injunction to give up the management of the movable and immovable properties of the sangat, mentioned in the first and the second schedules of this plaint, and the administration of its other affairs to the plaintiff, and be restrained from interfering with the plaintiff's administration and management of the .....

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Mar 27 1968 (HC)

Nawab HusaIn Vs. State of U.P.

Court : Allahabad

Decided on : Mar-27-1968

Reported in : AIR1969All466

..... the defendant state it was admitted that the plaintiff was appointed by the inspector general of police. likewise, the plaintiff in paragraph 2 of his plaint had pleaded that he was confirmed in his appointment as sub inspector of police by the inspector general of police, but in the written statement filed on behalf of the ..... the case of the plaintiff. i am inclined to accept both the contentions put forward by the learned counsel for the appellant.8. it would be seen that in his plaint the plaintiff in paragraph 2 definitely pleaded that he was appointed as sub inspector of police by the inspector general of police. in the written statement filed on behalf of ..... , learned junior standing counsel for the respondent, on the question whether the suit of the plaintiff was barred by the principles of res judicata. the plaintiff nawab husain filed a civil miscellaneous writ no. 1759 of 1956 under article 226 of the constitution in this court. a writ in the nature of certiorari was sought for quashing of the disciplinary proceedings ..... as res judicata in a subsequent suit involving same question and for same reliefs. the view taken by the supreme court was that the provisions of section 11, c. p. code were not exhaustive with respect to earlier decision operating as res judicata between the same parties on the same matter in controversy in a subsequent regular suit and on the .....

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Apr 03 1968 (HC)

Mst. Sardaran and ors. Vs. Sunderlal Baldeo Prasad and ors.

Court : Allahabad

Decided on : Apr-03-1968

Reported in : AIR1968All363

..... september, 1933 and 11thnovember, 1933 (pages 137 and 142 of thepaper book) certain objections to that salewere taken by habibullah plaintiff no. 3 butthe same were ultimately rejected on theground that his remedy, if any, was by wayof a regular suit. on 18th august, 1944 batulan, widow of wahid ali, and two sons ofwahid ali ..... clearly barred by limitation. 14. there is yet another approach to the case having regard to the allegations made in paragraphs 10 and 12 of the plaint, it is obvious that the appellants themselves came on an allegation of dispossession. that being so, they had to prove that their dispossession took place within ..... 1 to 3 not to make any constructions by demolishing the old constructions but they refused to pay any heed. accordingly, the prayer in the plaint is that a decree for possession over the disputed house and shops be passed in favour of the plaintiffs by demolition of the unlawful constructions raised ..... and on proper valuation it would be beyond the pecuniary jurisdiction of the munsif, the plaint was returned for presentation to the proper court and that order was upheld in appeal. thereafter the plaint was presented in the court of civil judge, hardoi in the year 1956 where it came to be registered as suit no ..... plaintiffs may have to incur in getting the advocate appointed as guardian ad litem in the event of his refusal. we accordingly reject the contention. 16. in view of the foregoing, the appeal fails and is accordingly dismissed with costs. .....

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