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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1973 Page 1 of about 11 results (0.031 seconds)

Sep 28 1973 (HC)

State of U.P. Vs. Reishma Devi and ors.

Court : Allahabad

Decided on : Sep-28-1973

Reported in : AIR1974All257

..... time allowed by the court. subsequently the state of u. p. prayed for further extension of time under section 148, civil procedure code for impleadment of runa gupta in the appeal, but this prayer was rejected by a bench of this court on 14-12-72. the position, therefore,is that runa gupta who happened to be ..... respondents in total disregard of the fact that there was discrepancy in the amount claimed as per schedules attached to the notice under section 80, civil procedure code and the schedules attached to the plaint and those filed before the arbitrator. this point is raised in ground no. 8 of memo of appeal of f. a. f. ..... causes. before him an entirely different point appears to have been urged, there the argument was that there was discrepancy in schedule v attached to the plaint and in the combined schedules ii and iii which were filed before the arbitrator with the result that the lower court did not deal with this point. ..... to an order setting aside or refusing to set aside an award and is not appealable. this decision was rested on a decision of the supreme court in civil appeal no. 1094 of 1963, b. s. madhava and co. v. kapila textile mills ltd., decided on 9-9-1964 (sc), in which it ..... the respondents has become final against his legal representatives, these having not been brought on record in time, it will be against the scheme of the code to hold that rule 4 of order 41 empowers the court to pass a decree in favour of the legal representatives of the deceased appellant on .....

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Jul 19 1973 (HC)

Piarey Lal and anr. Vs. Chief Inspector and anr.

Court : Allahabad

Decided on : Jul-19-1973

Reported in : AIR1974All122

..... a written statement by a defendant apply to a written statement in answer to a claim of set off. consequently, under the code of civil procedure the set off claimed in the written statement stands in the same category as a plaint in a cross suit and in so far as the set off is concerned the defendant is, in substance, the plaintiff and ..... . however, the principle laid down in order viii rule 6, civil procedure code can usefully be applied in determining the meaning and scope of set off and hence what is ..... counter claim, has been specifically mentioned in addition to plaint and memorandum of appeal.7. the expressions 'plaint' and 'memorandum of appeal' have not been defined in the court fees act. in section 2(1) 'appeal' has been defined to include a cross-objection. the term 'plaint' has also not been defined in the code of civil procedure, nor in the u. p. general clauses act ..... was paid thereon. the chief inspector of stamps raised an objection that the claim was by way of set off and ad valorem court-fee was payable. the additional munsif rejected the objection and an ordinary copy of the order was sent to the chief inspector of stamps and on his request a certified copy was supplied to him. the .....

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Feb 20 1973 (HC)

Om Prakash and anr. Vs. Anar Singh and ors.

Court : Allahabad

Decided on : Feb-20-1973

Reported in : AIR1973All555

..... by the plaintiff, which has given rise to this revision, was also confined, as already mentioned, to the tubewell.5. section 16 of the code of civil procedure reads as under:'suits to be instituted where subject-matter situate-- subject to the pecuniary or other limitations prescribed by any law, suits-- (a) ..... on the finding that there was no machinery in existence and hence the question of operating the tubewell did not arise. another ground given for rejecting the application was that the plaintiff was co-sharer of the defendant. against this order plaintiff went up in appeal and the appeal was dismissed ..... that the property was held not by the defendants but by the plaintiff on behalf of the defendants. there is however, no allegation in the plaint from which it may be possible to hold that the plaintiff was holding the property on behalf of the defendants. the plaintiff's were claiming ..... be set up' or 'the electric connection to be installed' the suit must be deemed also to relate to movable property. but in the plaint no relief has been claimed about the return of the movable property, nor is there any allegation that the plaintiffs had set up machinery or installed ..... suit and in the alternative that the proviso to the section was applicable and the suit was maintainable at bulandshahr. the reason given in the plaint for instituting the suit at bulandshahr was the residence of the defendants within the jurisdiction of the bulandshahr court hence the question to be determined .....

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Mar 14 1973 (HC)

Sri Tej Chaddha Vs. Smt. Sideshwari and anr.

Court : Allahabad

Decided on : Mar-14-1973

Reported in : AIR1973All324

..... arising out of the judgment dated 8-5-1972 of the 1st temporary civil and sessions judge, kanpur, confirming the order dated 18-12-1971 of the execution court (munsif city), kanpur, rejecting the appellant's objections under section 47 or the code of civil procedure.2. the respondents (decree-holders) filed a suit (no. 357 of ..... agreement of the nature entered into between the parties in the instant case or to prohibit the application of order xxiii, rule 3 of the code of civil procedure to a case brought under the provisions of section 3 of the act, there is no reason why it should not have been expressly ..... whether section 3 of the act bars passing a decree in a suit under that section in accordance with order xxiii, rule 3 of the code of civil procedure, was involved. though it is true that observations were made in the nature of obiter in both these cases regarding the effect of a ..... premises in suit. after issues had been framed in the suit, the parties entered into a compromise and under order xxiii, rule 3 of the code of civil procedure the decree in question was passed on 7-1-1966 in terms of the compromise. under the compromise the parties agreed that the judgment-debtor ( ..... the parties by applying the provisions of order xxiii, rule 3 of the code of civil procedure unless under the compromise the tenant admitted one or more of the grounds enumerated in section 3 of the act alleged in the plaint by the plaintiff.4. the learned counsel for the judgment-debtor-appellant in .....

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Jan 10 1973 (HC)

Jamal UddIn and anr. Vs. Mosque at Mashakganj and ors.

Court : Allahabad

Decided on : Jan-10-1973

Reported in : AIR1973All328

..... was claimed by the appellants against her.9. both rule 3 (2) and rule 4 (2) read with rule 11 or order 22 of the code of civil procedure provide for partial abatement of the appeal as regards the deceased appellant or as against the deceased respondent where there are several appellants or respondents. if ..... air 1942 all 358 a hindu widow who succeeded to the property of her husband had filed a suit under order 1, rule 63 of the code of civil procedure for a declaration that property inherited by her from her husband was not liable to be sold in execution of a decree obtained by one balkishan ..... as such, the plaintiffs suit for possession could be decreed only in respect of that share, if all other pleas raised on behalf of the defendants were rejected and, in any case, a decree for possession over the entire land could not be passed. it is contended that the courts below committed a legal ..... and placing the burden on the defendants to prove their adverse possession for more than twelve years, while the suit on the allegations contained in the plaint clearly fell within the ambit of article 142 and the burden was on the plaintiffs to prove their possession within twelve years. this contention also is quite ..... a third case may be where only some of the co-owners file the suit for possession against the trespasser but they specifically admit in their plaint that there are other co-sharers also and they have filed the suit for the common benefit of themselves as well as those co-sharers who .....

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Feb 22 1973 (HC)

Sripat Vs. Vishwanath and ors.

Court : Allahabad

Decided on : Feb-22-1973

Reported in : AIR1973All527

..... that the alleged compromise was unlawful and should not have been recorded. the learned counsel for the opposite party, however, contended that rule 3 of order 23 of the code of civil procedure did not provide any enquiry into disputed facts collateral to the terms of the compromise and the party alleging fraud could not be allowed to avoid the compromise admittedly executed ..... of the sub-registrar to get the deed registered because the amount mentioned in the deed was low. the district registrar having found the contention of sripat to be correct rejected the application of viswanath and ayodhya prasad vide his order dated 3rd april, 1968. the plaintiff therefore filed the suit under section 77 of the registration act. the registrar obviously ..... the case for retrial. 4. the learned counsel for the applicant urged that the alleged compromise was unlawful and no decree could be passed in terms thereof inasmuch as the plaint was amended after the alleged compromise was filed and the sub-registrar was not impleaded as a defendant in the case. the contention that the sub-registrar was a necessary ..... court on the move made by the counsel for the plaintiff allowed the plaintiff to amend the plaint and pay the court-fees. the plaintiff consequently moved an application for the amendment of the plaint. that application was however, not opposed and was therefore allowed. the plaint was accordingly amended and the defendant was granted time to file additional written statement. subsequently by .....

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Feb 22 1973 (HC)

Kailash Chandra Vs. Ratan Prakash and anr.

Court : Allahabad

Decided on : Feb-22-1973

Reported in : AIR1974All138

..... keep the matter vague and indefinite as before.4. the scope of the provisions of rules 1 and 2 of order 10 of the code of civil procedure is quite distinct. rule 1 of order 10 makes provision for ascertainment whether the allegations in the pleadings are admitted or denied. it ..... provides that at the first hearing of the suit, the court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint ..... plaintiff to withdraw that statement on the ground that it had become a part of the pleadings and that no inconsistency between the statement and plaint allegations had been pointed out. the court below, however, did not go into the question as to whether the statement was recorded under misapprehension ..... the court below for finding out as to whether due to any misapprehension or misunderstanding the statement had been recorded under rule 2, order 10,civil p.c. resulting in the alleged inaccuracy in the statement and whether the plaintiff was present at that moment.5. in the result the ..... 1. this is an application of the plaintiff for revision of the order dated 10th december, 1969 rejecting his application to withdraw a statement made by his counsel under order 10, rule 2, civil p.c. the material facts are as follows:--2. the plaintiff applicant filed a suit for ejectment of .....

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Apr 13 1973 (HC)

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Decided on : Apr-13-1973

Reported in : AIR1973All596

..... appear that the principal act has abolished special appeals against the judgment of a single judge in second appeal, governed by section 100 of the code of civil procedure and also in first appeals while the amending ordinance and the amending act in proceedings under articles 226 and 227 of the constitution arising out of ..... the government of india act. 1935. but also in regard to matters in list i such as promissory notes in item 8 of list i. rejecting the contention it was held that the impugned act was a law with respect to a matter enumerated in list ii and was not ultra vires as ..... the high court under that enactment, the power exercised being akin to the powers of the high court in second appeal under section 100 of the code of civil procedure. the power under article 226 cannot be placed at par with either a second appeal or revision. even though article 226 does not place any ..... entertain the appeal and pass a suitable order in case the decision is against the law or local usage. like revisions under section 115 of the code of civil procedure, the high court may or may not interfere if there has been some error in the exercise of jurisdiction. petitions under article 226, therefore, do ..... place of high courts; u. p. act 37 of 1972 by which the jurisdiction and powers of the high court under section 115 of the code of civil procedure were drastically cut down and partially abolished. it may at the same time be pointed out that all such jurisdiction and powers curtailed or abolished .....

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Aug 24 1973 (HC)

Vaish College (Society) Shamli and ors. Vs. Sri Lakshmi NaraIn and ors ...

Court : Allahabad

Decided on : Aug-24-1973

Reported in : AIR1974All1b

..... be read harmoniously and when so read, the central government's order gave power to terminate the services of an officer after following the procedure there laid down and consequently the impugned dismissal made inconsistently with the provisions of the said order was without jurisdiction and therefore, a nullity ..... affiliation granted to the university under the act and, therefore, they had the force and effect of law. the supreme court deliberately rejected the proposition that ordinance 20 merely regulated the legal relationship between the affiliated colleges and the university alone. they further did not agree ..... from 24-10-1966, as from that date according to the management the plaintiff had absented himself from duty. the plaintiff got the plaint amended adding pleas questioning the legality and validity of the action taken by the management subsequent to the filing of the suit. inter ..... brother srivastava doubted whether the plaintiff was entitled to the relief of injunction as prayed for and after framing the question 'can the civil court grant the relief of injunction in view of the fact and circumstances of the present case?', directed that the case be referred ..... of the nineteenth century disclose that status is the effect of domicile. there seemed to be occasional conflict between domicile and nationality. napolenic code placed reliance on nationality. universality was the basic principle of status in private international law but it was a difficult problem in private .....

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Sep 10 1973 (HC)

Allahabad theatres (Pvt.) Ltd. and ors. Vs. Smt. Kusum Kumari

Court : Allahabad

Decided on : Sep-10-1973

Reported in : AIR1974All73

..... p. general clauses act the appeal has to be decided on the basis of the old act without taking note of the new changes. we, therefore, reject his argument on this aspect of the matter. 30. the next question that needs our consideration is the determination of the rights of the parties on the basis ..... we ultimately find that we are unable to uphold the contention of the learned advocate general it may be proper for us to permit the amendment of the plaint and to direct the parties to get their rights adjudicated upon in accordance with the changed law. we, therefore, would like to decide the question of ..... of the changed position. it may be mentioned that sri bashir ahmed made a statement in court that he was withdrawing all allegations from the plaint which were made by his client initially for eviction of the respondent on the basil of section 3 (1) of the old act. he subsequently also ..... not be required to fulfil the requirements of the provisions of that act as he can bring a suit for dispossession on the strength of right in the civil court directly. it does not, therefore, appear reasonable to hold that although a cinema house which may otherwise be one to which the provisions of the ..... 3 of the old act the appeal has to be continued and concluded as if the new act had not been passed. he emphasised that in the plaint the appellant himself had asserted that the respondent had committed default in cot making payment of rent within the period of one month of the service of .....

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