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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1972 Page 1 of about 18 results (0.076 seconds)

Nov 15 1972 (HC)

Ganesh Vs. Sri Ram Lalaji Mahraj Birajman Mandir and ors.

Court : Allahabad

Decided on : Nov-15-1972

Reported in : AIR1973All116

..... deserve to be allowed. 10. before parting with the case we may also refer to order vii, rule 3 of the code of civil procedure, which provides:-- 'where the subject-matter of the suit is immoveable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such, property can be identified by boundaries ..... clerical mistakes occurring due to inadvertence in a mortgage deed giving rise to repetition of the same mistake in the plaint and the decree can be corrected in exercise of powers under sections 151 and 152 of the code of civil procedure. this case was also a case of incorrect description or misdescription of an item of the mortgaged property. ..... . this application was opposed on the ground that no such amendment could be made under section 152 of the code of civil procedure. in support of this submission that such amendment ..... plaint, the preliminary decree, the final decree, execution application and the sale certificate. the mistake was discovered in mutation proceedings in the revenue court, and because of this mistake in the description of the mortgaged property the mutation application was rejected by the revenue court. thereupon the decree-holder applied for the amendment of the decree under section 152 of the code of civil procedure .....

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Jan 03 1972 (HC)

Maharaja Dharmendra Prasad Singh and anr. Vs. State of Uttar Pradesh a ...

Court : Allahabad

Decided on : Jan-03-1972

Reported in : AIR1973All174

..... of appeal. section 13 of the court-fees act is in the following terms:'13. if an appeal or plaint, which has been rejected by the lower court on any of the grounds mentioned in the code of civil procedure, is ordered to be received, or it a suit is remanded in appeal on any of the grounds mentioned ..... the suit to its original number in the register and proceed to investigate the merits of the case and pass a decree therein.'section 352 of the code of civil procedure, 1859 provided:'it shall not be competent to the appellate court to remand a case for a second decision by the lower court, except as provided ..... the decree of the lower court is reversed and the court intends to remand the case in the interest of justice.16. section 351 of the code of civil procedure, 1859 which was in force in 1870 when the court-fees act was passed was in the following terms:'if the lower court shall have disposed ..... all 142 (fb) and raja virendra shah ju deo v. state of uttar pradesh, 1964 all lj 868.14. order 41, rule 23 of the code of civil procedure is in the following words:'where the court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is ..... in section 351 of the same code for a second decision by the lower court, the appellate court shall grant to .....

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Feb 21 1972 (HC)

Molhar Singh Vs. Raghunath

Court : Allahabad

Decided on : Feb-21-1972

Reported in : AIR1972All483

..... of the petition. section 18 says that the procedure laid down in the code of civil procedure, 1908, with respect to the admission of the plaints, shall, so far as it is applicable, be followed in the case of insolvency petition. thus, the court has power to reject an insolvency petition on grounds enumerated in the code of civil procedure. section 19 provides that where an insolvency ..... petition is admitted, the court shall make an order fixing a date for hearing the petition. section 24 laid down the procedure ..... authorises the insolvency court to appoint a receiver who can take immediate possession of the debtor's property. he has all the power of a receiver appointed under the code of civil procedure. thus, even under the provincial insolvency act the court can take control and manage the property of a debtor prior to his adjudication.17. in the result we ..... clause would have been enacted.9. in view of section 5 of the provincial insolvency act the procedure given in the code of civil procedure applies to insolvency proceedings. when a party dies his heirs and legal representatives can be substituted under order 22 of the code of civil procedure. now, if the right to sue does not survive the proceedings abate. the question whether .....

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Jan 17 1972 (HC)

Munnu and ors. Vs. Smt. Shanti Devi

Court : Allahabad

Decided on : Jan-17-1972

Reported in : AIR1973All59

..... to sue, it could not be converted into a plaint as required by rule 8 of order xxxiii, civil procedure code and therefore, the application being defective, the court had no option but to reject the application for permission to sue under rule 5 (a) of order xxxiii, civil procedure code.3. i have heard learned counsel for the ..... co. ltd., (1896) ilr 20 cal 319 an application for leave to continue the suit in forma pauperis was opposed on the ground that the code gave no power to the court to allow an application for a suit not instituted in forma pauperis to be continued. it was held that the ..... duty was moved. the application was dismissed by the subordinate judge on the short ground that it was not in the form prescribed by the code. it was held that in a case like the one it was open to the plaintiff to apply to continue the suit in forma pauperis ..... in forma pauperis. there was an objection that theapplication not being in proper form was liable to be rejected under rule 5, order xxxiii, civil procedure code. this objection was overruled with the following observation:'the procedure in rules 2-8 is essentially meant for applications instituted in forma pauperis at the inception. when a ..... side.'8. in sum, i hold that the application for permission to sue in forma pauperis was not liable to be rejected merely on the ground that a separate plaint had been filed and its contents were not incorporated in the application inasmuch as there was substantial compliance with rule 2 of order .....

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May 19 1972 (HC)

Raja Jagdambika Pratap NaraIn Singh Vs. State of Uttar Pradesh

Court : Allahabad

Decided on : May-19-1972

Reported in : [1974]94ITR159(All)

..... was illegal became a live issue in this appeal.6. one of the pleas taken in the written statement was that the plaint was liable to be rejected under order 7, rule 11, civil procedure code, on 22nd february, 1964, during the course of arguments before the trial court, the defendant made an application for amendment ..... liability to pay the disputed tax. it was also pleaded that the suit was barred by order 7, rule 11, and section 11, civil procedure code.4. the learned civil judge repelled the various pleas taken in defence. he held that the plaintiff was entitled to interest at the rate of 41/2 per cent ..... to be more stringent and since it was found that the choice to adopt the special procedure or to take recourse to the civil courts had been left to the whim of the concerned official, the special procedure was violative of article 14 of the constitution as involving an invidious discrimination. in all ..... by necessary implication takes away the right of the state government to recover its tax demand by way of a civil suit.32. the municipalities act provides a detailed procedure for recovery of refund of excess octroi paid to the municipality. it was urged that those detailed provisions indicated that the ..... proceedings undertaken under the act. it will have no relevance and cannot be treated as a rule of limitation applicable to a suit instituted in the civil court. to a suit by the government, article 149 of the limitation act prescribes a period of 60 years. that would include a suit of .....

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May 18 1972 (HC)

Mohd. Ilyas Vs. District Judge, Budaun and ors.

Court : Allahabad

Decided on : May-18-1972

Reported in : AIR1972All534

..... practice. the petition is required to be signed and verified in accordance with the provisions contained in the code of civil procedure. section 22 provides that an election petition not complying with the provisions of section 20 shall be rejected by the tribunal. section 23 lays down the procedure which is to be followed by the election tribunal for the trial of the petition. the ..... an election tribunal constituted under the u. p. municipalities act was invested with the power to allow amendment of an election petition under order vi, rule 17 of the code of civil procedure. in that case the order of the election tribunal amending the election petition was upheld. the view taken by the learned single judge in amirullah's case was approved by ..... and the date and place of the commission of each such practice. (2) the petition shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 1908 (act no. v of 1908) for the verification of pleadings. (3) the petition may be presented by any candidate in whose favour votes have been recorded and who ..... . in our opinion the provisions contained in the civil procedure code for the amendment of plaint in a suit apply to the amendment of an election petition under the act. there is no provision under the u. p. municipalities act or the rules framed thereunder excluding the application of order vi, rule 17 of the code of civil procedure. learned counsel has failed to point out any .....

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Feb 22 1972 (HC)

Chunni and anr. Vs. Sullahar and anr.

Court : Allahabad

Decided on : Feb-22-1972

Reported in : AIR1972All418

..... property and to recover possession thereof. section 5 further provides that a person entitled to the possession of specific immovable property may recover it in the manner provided in the code of civil procedure, 1908. 5. these provisions contemplate the institution of a title suit in spite of the decision of a suit under section 6. since the decree under section 6 grants ..... of this court in : air1955all64 , held that the applicant was not entitled to an injunction and rejected it. this view was confirmed by the civil judge on appeal. 3. in parmanand's case : air1955all64 a suit under section 9 of the specific relief act was decreed. the defendant to that suit ..... with the plaintiffs' possession either by executing the decree granted to him under section 6 of the specific relief act or through any other means or ways. along with the plaint the plaintiffs filed an application for an ad interim injunction to restrain the defendants from dispossessing the plaintiffs. the trial court relying upon the decision of a learned single judge .....

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Feb 18 1972 (HC)

Ram Kishore and ors. Vs. Kesho Ram and ors.

Court : Allahabad

Decided on : Feb-18-1972

Reported in : AIR1972All336

..... considered the question whether such an amendment would entail the passing of a second preliminary decree. it held:--'we are of opinion that there is no-thing in the code of civil procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and that it may be necessary to do so particularly in partition suits when after ..... adduce two sale-deeds and a plaint as additional evidence in this court. the defendants-appellants wished to produce two applications dated 29th november, 1954, and 17th july, 1956, as additional ..... completely disposed of by the passing of the final decree. another division bench in ramesh chandra v. ghanshiam das : air1955all552 observed that a decree is defined in section 2(2), civil procedure code, as 'the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of ..... filed on 16th october, 1962. civil misc. application no. 5358 of 1968 was filed on 4th september, 1968. these applications were filed during the pendency of a first appeal in this court, which is directed against a preliminary decree for accounts in a suit for partition and accounting. by an order dated 8th september, 1971, we rejected the prayer for permission to .....

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Aug 25 1972 (HC)

Kailashpati Singhania and ors. Vs. Ram Gopal Gupta and ors.

Court : Allahabad

Decided on : Aug-25-1972

Reported in : AIR1973All316

..... being substituted by his legal representatives, is competent to raise questions about the execution, discharge and satisfaction of the decree under section 47 of the code of civil procedure. in paragraph 10 of the judgment, it was observed:--'the executing court has been given exclusive jurisdiction under section 47 as to all matters ..... capable of two interpretations, then that interpretation which advances the cause of justice should be accepted and the interpretation which would entail injustice should be rejected. we must confess that the language used by the arbitrator is far from happy and that construing the relevant part of the award is not ..... a reading of the same is that the firm had not been dissolved but the plaintiffs had only retired therefrom. we have also carefully scrutinised the plaint itself but are unable to hold that the suit was a suit by partners of the dissolved firm. the court below, was, therefore, in ..... award the court ultimately passed a decree which, though termed as a consent decree, incorporated the relevant award. in fact, the plaintiffs themselves in their plaint stated that the arbitrator gave an award dated 18-1-1944 which became the rule of the court on 2-1-1945. under these circumstances, ..... 000/- and other sums? if so, its effect?2. whether plaintiffs are entitled to claims mentioned in schedule 'a' given at the foot of the plaint in the light of award? if so, effect and amount?3. whether suit is barred by limitation?4. on issue no. 1, the trial court .....

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Oct 17 1972 (HC)

Marwari Sabha Pilakhwa Vs. Sri Kanhaya Lal and ors.

Court : Allahabad

Decided on : Oct-17-1972

Reported in : AIR1973All298

..... entertaining hearing and deciding such appeals. a reference to section 3 of the civil procedure code would be apt. it lays down that for the purposes of the code the district court is subordinate to the high court and every civil court of a grade inferior to that of a district court and every court ..... contended that the word 'dayar' means 'file' and not 'shall be preferred' or 'shall lie'. this argument is mentioned by me only to be rejected. it is clear from the notification published in the gazette that it was issued in exercise of the powers vesting in the high court under sub-section ( ..... subordinate to the district judge of meerut within the meaning of section 3 of the civil procedure code any order passed by the civil judge of ghaziabad would be revisable under the amended section 115 of the c. p. code by the district judge or by the additional district judge duly authorised.11. now corning ..... of small causes is subordinate to the high court and district court. thus for the purposes of the code the court of the civil judge would be subordinate to the court of the district judge.8. sri gupta then referred to the notification of the high court ..... was removed from the managership and was replaced by kesho ram gupta, the third defendant, by a resolution passed at the meeting. plaintiffs in their plaint alleged that the meeting which was held was collusive and illegal and bhagwat prasad was never removed. it was pleaded by the plaintiffs that new elections .....

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