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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1970 Page 1 of about 9 results (0.082 seconds)

Sep 22 1970 (HC)

Union of India (Uoi) Vs. Brij Nath Rai and ors.

Court : Allahabad

Decided on : Sep-22-1970

Reported in : AIR1971All209

..... for a temporary injunction. on december 4, 1967, an objection was filed on behalf of the defendant-appellant. it was said that the plaint ought to be rejected under order vii. rule 11 of the code of civil procedure, because no notice under section 80 of the code of civil procedure was sent or served on the defendant-appellant and such a notice was absolutely mandatory. the learned ..... civil judge of gorakhpur upheld the objection and dismissed the suit (he really ought to have rejected the plaint under order vii, rule 11 of the code of civil procedure). in paragraph 17 of the plaint, it was pleaded that the purpose of the suit would be defeated if two month ..... 's notice were given under section 80 of the code of civil procedure and that, therefore. 'it must be deemed that the defendants ..... my notice, i would not have held what i did. 7. for the reasons given above, i allow this appeal, set aside the order of the learned district judge and reject the plaint under order vii, rule 11 of the code of civil procedure. parties will bear their own costs.

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Dec 22 1970 (HC)

The Khurshed Bagh Co-operative Housing Society, Ltd., Lucknow Vs. Smt. ...

Court : Allahabad

Decided on : Dec-22-1970

Reported in : AIR1971All426

..... collector, udaipur, air 1958 raj 161 was a case dealing with an application for impleadment of a party in a suit under section 92 of the code of civil procedure. in that case a division bench of the rajasthan high court observed: 'one of the objects of rule 10 of order 1 is to enable the ..... before the court is necessary in order to enable it to effectually and completely adjudicate upon and settle all the questions involved in the proceeding. the rejection of the appellant's prayer for being impleaded as party by the learned single judge has finally determined the matter as against it. it is therefore ..... being impleaded as a party to the writ petition, inter alia, on the assertion that it was a necessary party to the proceedings. that application was rejected by a learned single judge of the court by his order dated august 19, 1970. this appeal is directed against that order. 2. learned counsel ..... third parties and not merely questions between the parties to the suit.'the division bench further observed: 'the plaintiff himself cannot enlarge the scope of the plaint beyond what the advocate-general has sanctioned. but there is no limitation or exception contained in rule 10 of order 1, where a person seeks himself ..... in mata prasad v. ramadhar, air 1952 all 535, a full bench of this court held that where in an appeal against an order returning a plaint under order 7, rule 10, the appellate court sets aside the order and remands the suit directing the trial court to readmit it to file, the .....

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Feb 23 1970 (HC)

Rikhab Dass Vs. Smt. Chandro and ors.

Court : Allahabad

Decided on : Feb-23-1970

Reported in : AIR1971All234

..... plaint from the court of the learned munsiff on 6-3-1965 or shortly thereafter, the benefit of section 5 of the limitation act would not be available to him. section 5 of the limitation act runs as follows:'any appeal or any application other than an application under any of the provisions of order xxi of the code of civil procedure ..... , 1908 may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.'it would be noticed that section 5 is limited in its application to an 'appeal' or an 'application' (other than an application under order 21, civil ..... have accepted the same and condoned the delay. he argued that the learned district judge exercised his jurisdiction with material irregularity by rejecting the affidavit sworn by the plaintiff. the learned counsel for the applicant relied on sections 5 and 14 of the limitation ..... however, observed that the plaintiff should have accounted for satisfactorily each and every day from the 6th of march, 1965 when the plaint of the suit was ordered to be returned until the 23rd of march, 1965 when it was filed in the small cause ..... act in support of his contention that the delay in presentation of the plaint of the suit to proper court should have been condoned by the learned district judge particularly when there was no counter-affidavit .....

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Jan 01 1970 (HC)

Shambhu Dayal and ors. Vs. Pt. Basdeo Sahai

Court : Allahabad

Decided on : Jan-01-1970

Reported in : AIR1970All525

..... exercise of jurisdiction. attention of the learned judge does not appear to have been invited in that case to para 3 of the second schedule of the code of civil procedure which corresponded to section 23 of the arbitration act, 1940, and, in any case, the bearing of that section was not considered. the view taken ..... plaintiff, besides examining himself, examined one mavasi lal in support of the above allegation but the statement of the said witness too deserves to be totally rejected on the same ground.further, according to the statement of mavasi lal the demand was made prior to his being examined as a witness for the plaintiff ..... or his ultimate decision regarding the title of the plaintiff.it will be noticed that apart from saying that the contents of paragraph 2 of the plaint were not admitted the defendants did not in the written statement, say anything about the alleged adoption and no issue on the question of adoption was ..... on the plaintiff's case his claim did not at all depend upon the fact of adoption, although he' did state in paragraph 2 of the plaint that saktoo was an adopted son of mukund and his wife smt bhawani. the plaintiff based his title to the property on the two deeds of will ..... inspection constituted acts of misconduct, i will deal with these items in the order in which they have been stated.9. in paragraph. 3 of the plaint it was stated by the plaintiff that the property in suit was a self-acquired and exclusive property of saktoo. in paragraph 3 of the written .....

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Oct 28 1970 (HC)

Smt. Maina Devi Khemka Vs. State of U.P., Revenue Dept. Lucknow Throug ...

Court : Allahabad

Decided on : Oct-28-1970

Reported in : AIR1971All241

..... collector for the resale of the property was equally justified.11. it is true, as already indicated above, that there is no express provision like the one found in the code of civil procedure, where an auction sale is subject to the confirmation of the court. but that omission is not very material. all that can be said is that the rules under ..... the entire sale consideration within the time allowed by the rules the collector had no jurisdiction to order the resale of the property. this contention of the petitioner has been rejected throughout by the collector, the commissioner and the state government.7. before the collector the admitted case of the parties was that the matter was governed by the provisions of ..... the petitioner. both these appeals were, however, dismissed on september 16, 1968, and on december 30, 1968. the petitioner then went up in revision before the state government which was rejected by an order dated july 22, 1969- the petitioner has now filed this present petition under article 226 of the constitution.6. the petitioner's contention is that the sub .....

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Dec 04 1970 (HC)

Union of India (Uoi) Vs. Ex. Kanor Ranbir Singh Sidhu

Court : Allahabad

Decided on : Dec-04-1970

Reported in : AIR1971All396

..... they cannot go against the provisions of the enactment and cannot make any change in the provision. the rule only could be framed laying down the procedure for the exercise of the power given in section 19. with due respect to the observations of the bench of the delhi high court made in ..... to his emoluments. the cross-objection has no force. firstly the plaintiff-respondent's dismissal has been held valid. secondly, as will appear from the plaint, the prayer sought for in the cross-objection was specifically deleted by the plaintiff. it is, therefore, not open to him in second appeal to ..... filed petitions and appeals against the order of removal and the suit out of which this appeal arises was then filed after notice under section 80, civil p. c. for the relief that order dated 6-2-1954 removing him from service is illegal, without jurisdiction, ultra vires and inoperative. the ..... 42, the suit was, therefore, decreed for the declaration sought for. the lower appellate court confirmed the decree of the trial court, hence this second civil appeal. 2. learned counsel for the appellant has contended that the case relied upon by the courts below is in appeal before their lordships of the ..... act on 29th of june, 1949 claiming brigadier's pay and rank etc. not only was his complaint rejected but repeated representations which he made subsequently to the various authorities were also rejected and finally by order dated 5-10-1951 he was informed to abstain from addressing any more appeals on .....

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Dec 04 1970 (HC)

J.K. Hosiery Factory Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Dec-04-1970

Reported in : [1971]81ITR557(All)

..... . similarly, j. b. singh, who was a member of the staff of the mills, was also impeaded in a representative capacity. proceedings under order 1, rule 8, of the code of civil procedure were taken. the three trustees filed one written statement whereas hanuman prasad and j. b. singh filed another written statement. they admitted the claim made by the plaintiff. in the ..... and getting them audited forthe purpose of filing income-tax return. it was for the assessee to have advanced a proper explanation before the tribunal, which could either accept or reject it. there is nothing to show that this explanation was advanced by the assessee before the tribunal. it is not possible for us tosay that the circumstances pointed out by ..... was another employee of the company working on its staff. hanuman prasad and j. b. singh were impleaded as defendants in representative capacity. necessary proceedings under order i, rule 8, civil procedure code, were taken. the defendants, singhania brothers, filed one written statement whereas the defendants, hanuman prasad and j. b. singh, filed another written statement. they admitted the claim made by ..... , under section 31 of the specific relief act for rectification of the deed of trust dated 27th of october, 1941, executed by the company and the singhania brothers. in the plaint it was mentioned that under clause 3(19) of the memorandum of association, the company was empowered, inter alia, to subscribe or contribute or otherwise assist or guarantee money to .....

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Jan 02 1970 (HC)

Arjun Singh Vs. Virendra Nath and anr.

Court : Allahabad

Decided on : Jan-02-1970

Reported in : AIR1971All29

..... recognition etc. nor the consideration that evidence naturally gets lost with the passage of time would justify the acceptance of an oral testimony which merits rejection on account of its inherent improbability or intrinsic defects. the scantiness of direct evidence may certainly, in a fit case, be regarded as having ..... date of the suit and also for pendente lite and future mesne profits till the date of delivery of possession to the plaintiff. the learned civil judge has given no finding as to the amount of mesne profits. that, however, will be done in proceedings for the preparation of a ..... had already vested in them respecting such property of dal chand as was his self-acquired and exclusive property, and the finding of the learned civil judge is that the four shops in dispute were his self-acquired property. as the shops were not ancestral or coparcenary property, damodar das ..... whose conduct may be relevant in determining whether an adoption took place and whether smt. pushpawati had the requisite authority to adopt. the learned civil judge has referred in his judgment to most of this evidence which, according to him, shows that from 1923 onwards brijendranath gave himself out ..... , in our opinion, he too is a totally unreliable witness. (after discussion of evidence of this witness his lordship proceeded).15. the learned civil judge has observed that it is not always necessary to have direct evidence of authority to adopt and he has referred to sri kanchumarthi venkata seetharama .....

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Jul 14 1970 (HC)

Roshanlal Sharma Vs. State of U.P.

Court : Allahabad

Decided on : Jul-14-1970

Reported in : AIR1971All210

..... punishment. in this connection he relied on the provisions of paragraph 491 which runs as follows:-- 'the officers holding the posts enumerated in paragraph 479 (f) shall follow the procedure prescribed in paragraph 490 when conducting departmental trials, and their orders shall with the concurrence of the superintendent of police, have the same executive force in all cases as the ..... general of police, meerut range, who dismissed the plaintiff's appeal on 12-1-1960. the inspector general of police rejected the plaintiff's revision against the said order on 14-11-1960. according to the allegations in the plaint the proceedings under section 7 of the police act initiated against the plaintiff were wrong and illegal and all subsequent proceedings ..... that the offence alleged to have been committed by the plaintiff was a cognizable one. therefore, he should have first been prosecuted under the provisions of the indian penal code and further the final report submitted by the investigating officer in the present case was not accepted by the district magistrate and, therefore, the departmental enquiry made against the appellant ..... and enquiries and also the orders passed were ultra vires, without jurisdiction and void ab initio. after serving a notice under section 80. civil p. c. the plaintiff instituted a suit .....

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