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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1975 Page 1 of about 8 results (0.025 seconds)

Apr 03 1975 (HC)

Ranjit Singh and ors. Vs. Ram Nath Singh and ors.

Court : Allahabad

Decided on : Apr-03-1975

Reported in : AIR1976All417

..... and the suit could, therefore, lie without proof of special damage and without seeking aid of the provisions of section 91, code of civil procedure. submissions of the learned counsel to the contrary are without merit and are, therefore, rejected. 7. there is no merit in this appeal, which is accordingly dismissed with costs. ..... for granting relief of injunction, exhibit a-1, however, shows that the application moved under section 133, cr. p.c. was rejected on the ground, inter alia, that civil litigation between the parties with respect to the wall in question had already commenced. that being so, the provisions of sub-clause (h ..... he plies ,a vehicle for pleasure or pastime or for the purpose of trade and business. the plaintiffs in the instant case claimed in the plaint that their house abutted on the pathway in question and that their right to egress or ingress through their door fixed in the northern wall ..... a new case which the appellate court below should not have set up for decreeing the suit i find no substance in this submission. in the plaint it was alleged by the plaintiffs that the constructions had been made on the 'galiyara' land. the matter was further clarified by the plaintiffs in ..... specific relief act the plaintiffs were not entitled to maintain the suit inasmuch as specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. section 4 of the specific relief act, in my view, is not .....

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Dec 11 1975 (HC)

M.S. Khalsa Vs. Chiranji Lal and ors.

Court : Allahabad

Decided on : Dec-11-1975

Reported in : AIR1976All290

..... v. jai prakash : air1970all257 . in that full bench, the question was whether a decision recorded specifically under order xvii, rule 3 of the code of civil procedure would exclude relief under order ix, irrespective of the question as to whether in recording the decision under rule 3, the court acted rightly or ..... sohan lal : air1957all107 where it was held that dismissal even in such cases could be dismissal on merits and order xvii, rule 3 of the code of civil procedure was attracted. the learned single judge was not inclined to agree with the view taken in pitamber prasad v. sohan lal : air1957all107 (supra), ..... on 19th february, 1944, and resolved that the local amendments be deleted and the original rule as set forth in the first schedule of the code of civil procedure be restored. in consequence notification no. 3517/35 (a), dated june 22, 1944, was issued, which provided--'cancel the amendment made by the ..... was fixed for final hearing. on this date counsel for both parties were present. counsel for defendants moved another application for adjournment. this application was rejected by the court. thereupon counsel for defendants stated that he had no further instructions, and was, therefore, withdrawing from the case. the court directed ..... this rule, the suit can be dismissed also in case the plaintiff has failed to comply with the rules for filing a copy of the plaint for service on the defendant. order ix, rule 3, c.p.c. entails the dismissal of the suit in case none of the parties .....

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Jan 22 1975 (HC)

Thakur Radha Krishnaji Maharaj and ors. Vs. Ram Prasad Pandey and ors.

Court : Allahabad

Decided on : Jan-22-1975

Reported in : AIR1975All268

..... of management. a suit of this nature ought to have been filed in the court of the district judge after complying with the formalities prescribed by section 92 of the code of civil procedure.3. the trial court held that it was a private waqf and not a public religious and charitable trust. the other pleas taken by the contesting defendant were overruled ..... lower appellate court held that it was a public temple and the endowment was for public purposes of charitable and religious nature within the meaning of section 92 of the code of civil procedure, i see no good reason to take a different view in the matter. however, before parting with this case, i may refer to certain decisions of the privy council ..... dedication made by sewak ram pandey constituted a public religious and charitable endowment and if so whether the suit filed in the court of the civil judge without complying with the provisions of section 92 code of civil procedure was maintainable.7. a certified copy of the deed of endowment dated july 30, 1906 which was a registered document is on the record vide ..... on behalf of sri tbakur radha krishnaji maharaj birajman mandir waqey house murtaza nagar, district unnao through a next friend named raja ram in the court of civil judge unnao. the allegations contained in the plaint were that a temple was constructed by sewak ram pandey who also dedicated some property to this temple under a waqf deed dated 30th july, 1906 .....

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Jul 11 1975 (HC)

Sita Ram Vs. Moti Lal and ors.

Court : Allahabad

Decided on : Jul-11-1975

Reported in : AIR1976All70

..... that the plaintiff accepted rs. 111/- unconditionally and without any protest. the contention raised on behalf of the appellant on this point has, therefore, no substance and it must be rejected.9. coming to the second contention, the notice sent by the plaintiff terminating the tenancy of the defendant is contained in paper no. ext. 1. in this notice, the plaintiff ..... not exist at all. the notice of ejectment served by the plaintiff on the defendant was perfectly valid and the contention advanced by the appellant to the contrary must be rejected.11. an application was moved on behalf of the defendant appellant for filing additional evidence in the case. this is hardly a stage for admitting fresh evidence. the application for ..... -appellant for the recovery of rs. 59/- as arrears of rent and rs. 9/- as damages for use and occupation and ejectment in respect of a house detailed in the plaint on the allegations that the defendant was a tenant of the plaintiff in the house in dispute on a monthly rent of rs. 15/- and rs. 930/-were due from ..... chandra prakash, j. 1. this is an appeal against the order dated 8-9-1965 of sri s. k. rai, civil judge, allahabad, allowing the defendant's appeal in part and decreeing the plaintiff's suit for the recovery of rs. 31/- as arrears of rent and possession.2. the suit .....

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Jul 14 1975 (HC)

Nanak and ors. Vs. Basanta and ors.

Court : Allahabad

Decided on : Jul-14-1975

Reported in : AIR1976All157

..... or any other public servant of the u.p. state. the u.p. state was, therefore, not a necessary party in the case and the contention on this point was rejected. 13. the third contention raised 'before me was that .the plaintiffs-respondents nos. 1 to 3 have not given the extent of the breadth of the nali whose restoration they ..... . 4 to 32. 4. the suit was contested by defendant no. 2 alone. his defence was that the defendants had not demolished any nali or pulia as alleged in the plaint nor had the defendants narrowed any rasta of the plaintiffs. it was also alleged that the nali in dispute bad been demolished by the consolidation authorities and the state of ..... the order dated august 28, 1965, of shri t.n. saxena, iii additional civil judge, meerut, dismissing the appeal of the appellants after confirming the decree of the trial court. 2. the dispute between the parties related to a nali; a rasta and a pulia detailed in the plaint. the case of the plaintiffs-respondents nos. 1 to 3 was that they .....

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May 23 1975 (HC)

State of U.P. Vs. Smt. Ram Sri and anr.

Court : Allahabad

Decided on : May-23-1975

Reported in : AIR1976All121

..... was no longer interested in the property, the same having gone to the town area, the suit filed by the gram sabha had become infructuous, the civil judge rejected the application of mohammad shafi on the ground that no notification divesting the gram sabha of this plot having been issued by the state government under section ..... or to either of them. this necessitated the filing of the present suit by plaintiffs nos. 1 and 2.3. subsequently, an amendment was made in the plaint and zila parishad, etawah, was added as plaintiff no. 3 in the suit on the allegation that as plaintiff no. 3 was managing the mela and bazar ..... necessary that plaintiff no. 1 was also added as a plaintiff in the suit and also claimed the reliefs as prayed. it was specifically mentioned in the plaint that plaintiffs nos. 1 and 2 would have no objection at all if the reliefs claimed in the suit were given to plaintiffs nos. 1 and ..... to remain in possession over the same until she was evicted there from in due course of law. it was alleged in paragraph 18 of the plaint that although as a result of the notification .published in the gazette under section 117 of the act the plots in dispute and the trees standing ..... mentioned in the chart given below. the said chart would indicate the area of these plots separately as well as their character, as mentioned in the plaint.plot no.areacharacter of plots1012.71dec.usar1021.63 decabadi1031.89 dec.banjar104.14dec.abadi105/1.39dec.199/13.60 dec.usar/200s.31deo.usar/ by amendment .....

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Nov 14 1975 (HC)

Liladhar Vs. Siaram and anr.

Court : Allahabad

Decided on : Nov-14-1975

Reported in : AIR1976All213

..... and the suit no. 482 of 1930 filed by bhagwan das and beni ram aforesaid for the enforcement of the mortgage deed. the trial court rejected these documents as inadmissible in evidence. the lower appellate court rejected the mortgage deed dated 23-12-1918 on the ground that it did not relate to the property in dispute. the view of the trial ..... chandra prakash, j. 1. this is a defendant's second appeal against the judgment and decree dated 25th october, 1966, of sri g. p. srivastava, civil judge, bareilly dismissing the appellant's appeal after confirming the decree of the trial court.2. the suit giving rise to this second appeal was filed by the plaintiffs respondents ..... against the defendant appellant for possession of the property detailed in the plaint by demolition of defendant's construction, and for the recovery of rs. 50/- as damages. the allegations in the plaint were that one jaleel uddin purchased the zamindari of nandgaon in the year 1922 and he remained in its possession .....

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Mar 31 1975 (HC)

Shiv Charan Das and ors. Vs. Rukmani Devi and anr.

Court : Allahabad

Decided on : Mar-31-1975

Reported in : AIR1975All354

..... could render the order as nullity was involved. according to him, an erroneous order about limitation does not become a nullity as rules of limitation are procedures and do not create any substantive right in a party. even if an application under section 73 is presented beyond 30 days it will nonetheless be ..... be obeyed, and not to be disregarded. i cannot believe the legislature intended that the limitation period of thirty days might be disregarded, and that the rejection of an application presented under section 73, say 20 years after the refusal by the sub-registrar would give a right of suit under section 77. when ..... is the case of raja jagannath baksh singh v. state of u. p : [1962]46itr169(sc) . it was a case on section 11 of the civil p. c. in which writ proceeding challenging the validity of certain notices under u. p. act 31 of 1957 were dismissed by the high court. the petitioner ..... to order a document to be registered. thirty days' time is prescribed even for filing of the suit. in this manner the registration act is a complete code by itself and prescribes its own limitation for various remedies. therefore, the limitation act will not apply. the following observation made in (1902) ilr 24 all ..... 11-3-1965 passed by the additional district judge, moradabad.2. briefly stated the facts alleged in the plaint were that one sheel chand was the owner of the house described in para 1 of the plaint. after his death it devolved on his two sons, namely. babu ram and ram swarup in equal .....

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