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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1974 Page 1 of about 13 results (0.025 seconds)

Mar 06 1974 (HC)

Ghanshiam Singh Vs. Smt. Har Piarey and anr.

Court : Allahabad

Decided on : Mar-06-1974

Reported in : AIR1974All229

..... the deceased judgment-debtor the decision is a decree. it was held that such a decision comes under clause (3) of section 47 of the code of civil procedure and that an appeal lies against it. same was the view taken by another division bench in ram autar's case : air1936all479 (supra). in ..... conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint ..... 7. in my opinion the decision by the execution court was a decree within meaning of the said term in section 2(2) of the code of civil procedure which defines a decree as follows:--' 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, ..... shall be determined by the court executing the decree and not by a separate suit. this sub-section left to itself does not provide for any procedure to determine as to whether a person is or is not the representative of a party. even if sub-section (3) had not been ..... execution court under section 47 and such a decision is appealable under the provisions of the code.10. some controversy was raised at the bar as to whether a decision under order xxii, rule 5, civil p. c. could or could not operate as res judicata in a subsequent suit but .....

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Sep 19 1974 (HC)

Bashir Ahmad Vs. Shrimati Rashida Khatoon

Court : Allahabad

Decided on : Sep-19-1974

Reported in : AIR1974All286

..... further plea was raised by the apdellant to the effect that the suit was barred bv order 33. rule 15 of the code of civil procedure. among the issues framed issue no. 5 was whether the plaint is not valid as alleged in para. no. 24 of the written statement and issue no. 7 was, whether the ..... also paid. the prayer for amendment of the valuation was allowed and the application was directed to be registered as a plaint. the defendants to the suit filed an objection which was however, rejected. the defendant took up the matter before the patna high court in revision. the matter came up initially before a ..... days of the expiry of the period of limitation; the application remained pending for a year and the court-fee was paid after two months of the rejection of the application. in such a case even after the period during which the applicationwas being prosecuted in good faith is excluded, the suit or appeal ..... in computing the period of limitation prescribed for a suit or appeal. the second part deals with payment of court-fee after the application has been rejected and its consequences. the cumulative effect of the two parts of section 13 is that the period between the date on which the application to sue ..... limitation prescribed for anv suit or ap-peal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith in his application for such leave shall be excluded, and the court may, .....

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May 22 1974 (HC)

Uma Shanker and ors. Vs. Salig Ram and ors.

Court : Allahabad

Decided on : May-22-1974

Reported in : AIR1975All36

..... in : air1925all759 (supra) a suit had been filed under section 92 of the code of civil procedure. the defendants, however, denied the trust and also that they entered into pos-session as trustees, and set up their own title. the plaint was returned by the trial court for presentation to the proper court on the ground ..... has, however, urged that once a suit has been instituted in accordance with the sanction, it becomes subject to all the provisions of the code of civil procedure, including (one) relating to the amendment of pleadings, and that being so, it is open to persons who have obtained sanction for some reliefs ..... to a trust and for possession thereof from the alienee has also been held to be not covered by the provisions of section 92 of the code of civil procedure; see mukaremdas munnudas v. chhagan kisan bhawasar : air1959bom491 . other decisions have reached the same result on a different ground, namely, that such ..... of the wakf estate itself if for the recovery of trust property in such circumstances a suit under section 92, civil p. c., is deemed to be necessary.'he also rejected the contention that the third parties may be retained as parties to the suit and gave the following reasons for this ..... this stage that the reliefs in the second suit were mostly declaratory in nature, and one for an injunction. their lordships of the privy council rejected this contention, and held that the reliefs prayed for in the second suit were outside the scope of a suit under section 92, c.p .....

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Nov 21 1974 (HC)

Ganesh Prasad Varma Vs. Goverdhan Dass and ors.

Court : Allahabad

Decided on : Nov-21-1974

Reported in : AIR1975All146

..... and the damages for use and occupation upto that date could not be equated with compensation or damages for wrongful possession. section 2(12) of the code of civil procedure defines mesne profits thus:--' mesne profits of property' means those profits which the person in wrongful possession of such property actually received or might with ..... fees with which the plaints or memorandum of appeal would be chargeable under this act if separate suits were instituted in respect of each such cause of action:provided that nothing in this sub-section shall be deemed to affect any power conferred by or under the code of civil procedure to order separate trials.(2 ..... for mesne profits, the execution of the decree was barred by the first part of section 11 of the court-fees act. this objection has been rejected by the civil judge.3. paragraph 2 of section 11, in its application to uttar pradesh, was amended by u. p. act no. xix of 1938. paragraph ..... fees. it is much more a question relating to the executability of the decree. the preliminary objection to the maintainability of the revision has to lie rejected.6. the next question which arises for consideration is whether the decree in the present case was a decree for immovable property and mesne profits. it ..... orderg.c. mathur, j.1. this is a revision by the judgment-debtor against the order of the second civil judge, kanpur, rejecting his objection that the execution of the decree was barred by section 11 of the court-fees act.2. the applicant was .....

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Feb 27 1974 (HC)

Charan Singh Attar Singh Vs. the Sub-divisional Officer Sikandrabad an ...

Court : Allahabad

Decided on : Feb-27-1974

Reported in : AIR1974All282

..... to that rule, every election petition is required to be tried by the sub-divisional officer as nearly as may be in accordance with the procedure applicable under the code of civil procedure to the trial of suits subject to the provisions of the act and the rules framed thereunder. the scheme of the act and the rules ..... hearing an election petition has jurisdiction to amend the election petition and for that purpose it could exercise powers under order 6, rule 17 of the code of civil procedure but the power of amendment was subject to the provisions of the act and the rules framed thereunder. their lordships of the supreme court observed as ..... papers. but the amendment permitted by the sub-divisional officer made out a new ground of challenge that a number of votes which were liable to be rejected had been wrongly counted in petitioner's favour. the amendment clearly made out a new ground to challenge the petitioner's election which was neither pleaded nor ..... claim may be barred by time. in a. k. gupta's case the supreme court recorded a finding that the amendment sought to be made in the plaint did not introduce a new cause of action or a new case. that situation did not exist in the instant case; therefore, the law laid down in ..... therein. sub-section (4) of section 12-c further lays down, that the authority to whom the application is made, shall follow such procedure for the trial, of the petition which may be prescribed. rules 24 and 25 framed under the act lay down the manner and .....

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Jan 08 1974 (HC)

Shakir HussaIn Vs. Siraj Beg

Court : Allahabad

Decided on : Jan-08-1974

Reported in : AIR1974All193

..... in getting back the possession over the house on 23-7-1971 in proceedings under section 144 of the code of civil procedure. after that the plaintiff with the permission of the court amended his plaint so as to claim simply relief of ejectment on the ground that the tenancy had been terminated under section ..... defendant was pending in this court. after that appeal had been allowed the defendant was entitled to restitution of possession under section 144 of the code of civil procedure and that possession was actually restored to him on 23-7-1971. after that the suit of the plaintiff as it stood sought only ..... the ground that he was not liable to ejectment and that he was legally entitled to restitution of his possession under. section 144 of the code of civil procedure after his second appeal had been allowed by this court on 6-3-1970, and that the plaintiff could not restrain him from seeking ..... for an injunction restraining the defendant from getting restitution of the possession which the plaintiff thought the defendant would get under section 144 of the code of civil procedure as a result of the decision of this court in second appeal. in this suit the bar of the act was sought to be ..... the decree on 15-12-1965. after his appeal was allowed the defendant applied for restoration of possession to him under section 144 of the code of civil procedure. while his application was pending the plaintiff filed a fresh suit against the defendant on 1-5-1970, seeking ejectment of the defendant and .....

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Apr 26 1974 (HC)

Asa Nand and ors. Vs. Baldev Raj and anr.

Court : Allahabad

Decided on : Apr-26-1974

Reported in : AIR1975All139

..... maintenance during the pendency of litigation is admissible under the law. in my view it cannot be said that since there is no provision in the code of civil procedure for grant of interim relief in a matter like the one with which i am concerned in the present case, there is a prohibition to grant ..... of the property, being house no. 110-a, mohalla south malaka, allahabad, which, admittedly, belonged to the joint family. accordingly, the learned civil judge was not right in rejecting the application for maintenance on the basis that since no joint hindu family property belonged to the parties of the suit, therefore, an order of the ..... was rs. 254 per month. the learned additional district judge, thereafter, found that in accordance with the proportion ofthe claim set up by baldev kaj in the plaint, his share in the monthly income of the properties would come to nearabout rs. 50. he, accordingly, directed that a sum of rs. 50 per ..... properties. he subsequently amended his plaint and enhanced his claim from 1/5th to 9/40th, after the death of his mother.on 10-3-1969, baldev raj filed an application no. ..... and wealth left by nandlal as well as out of the joint family business, a number of properties, which were mentioned in schedule b of the plaint, were purchased. on these facts he asserted that he being a member of the joint family was entitled to receive 1/5th out of the entire .....

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Apr 04 1974 (HC)

Uttam Bhatia Co. and anr. Vs. Babu Ram and anr.

Court : Allahabad

Decided on : Apr-04-1974

Reported in : AIR1974All454

..... relief prayed for in the plaint. it appears that the applicants committed a breach of the order of injunction and removed certain quantity of earth from some of the plots. thereupon the plaintiffs moved an application on january 3, 1966, under order xxxix, rule 2-a of the code of civil procedure. this application was allowed ..... sold. before this court, it was urged that the property could only be sold if there was a breach after the attachment. the division bench rejected this contention and observed:--'it seems to us that where the injunction is for the doing of an act, and the judgment-debtor has failed to ..... for an injunction has been passed and the judgment-debtor has wilfully failed to obey it the decree may be enforced by his detention in the civil prison or by the attachment of his property or by both. sub-rule (3) provides that where the attachment has remained in force for three ..... order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the civil prison for a term not exceeding six months unless in the meantime the court directs his release. (2) no attachment under this rule shall remain ..... to them out of the sale proceeds. the trial court dismissed the application. thereupon the plaintiffs filed an appeal. the appeal was allowed by the additional civil judge. the order of the trial court was set aside, the application of the plaintiffs was allowed and the attached property was directed to be sold. .....

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Aug 12 1974 (HC)

Udai NaraIn Bajpai Vs. Smt. Kusum Bajpai

Court : Allahabad

Decided on : Aug-12-1974

Reported in : AIR1975All94

..... issues the appellant filed an application purporting to be under order 1 rule 10, order 6 rule 17 and section 151 of the code of civil procedure (hereinafter referred to as the code) praying for permission to amend the petition by impleading the alleged adulterers as co-respondents to the petition. while deciding the issue ..... this could not have been done and the learned judge would have had no option but to reject the petition for divorce. 12. learned counsel for the respondent also placed reliance on the decision in air 1942 all 223 (supra) for the purpose ..... those of rules 6 (a) and 6 (e) under consideration. though the requirements of section 11 had not been complied with, this court instead of rejecting the petition allowed time to the husband to take steps to rectify the error. if non-compliance of section it had been considered to be mandatory, ..... also, if it does not comply with the requirements of law. if a petition under section 13 of the act is rejected on the ground that it is not in accordance with ..... 11 of the code. it has been held in radha kishan v. wali mohammad ilr (1956) hyd 514 : (air 1956 hyd 133) and the various authorities relied upon therein that order 7, rule 11 is not exhaustive of the grounds on which a plaint can be rejected and the court can reject the plaint on other grounds .....

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May 23 1974 (HC)

Radha Charan Das Vs. Th. Mohini Behariji Maharaj and ors.

Court : Allahabad

Decided on : May-23-1974

Reported in : AIR1975All368

..... allowed. thereafter, both the parties went up in revision to the high court and the said court accepted the revision petition of the plaintiff but rejected that of the defendant. it stayed the operation of the suspension order as well as the proceedings in the enquiry. thereafter, the matter was ..... . no question of claiming back possession could, therefore, arise. therefore, the market value of the property was irrelevant and the valuation disclosed in the plaint should have been accepted. the suit was, therefore, within the jurisdiction of the munsif's court. the defendant felt aggrieved with the decision of the ..... concerned. in this connection a reference may be made to indrajit behera v. bhaja meher : air1969ori257 , wherein it was laid down :--'if a civil revision filed by the defendant involves only the question of court-fee, it must be dismissed as no revision is entertain-able on that question at ..... its jurisdiction either illegally or with material irregularity. that being so, the-high court could not have invoked its jurisdiction under section 115 of the civil p. c.'16. the facts of the case are distinguishable. the plaintiff happened to be an employee of the defendant company, the latter framed ..... the pecuniary jurisdiction of the said court.15. sri j. n. chatterji, the learned counsel for the plaintiff opposite parties contended that section 115, civil p. c. did not stand attracted to the facts of the case as there was no jurisdictional error in the decision given by the lower .....

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